Hindraf leader's habeas corpus trial deferred

The habeas corpus application filed by Hindu Rights Action Force (Hindraf) legal adviser M Manoharan, currently imprisoned in Kamunting, has been postponed to Nov 12 as the Internal Security Act (ISA) detainee wants to represent himself.

His counsel SR Sreedevi Naidu said today Manoharan intended to conduct the habeas corpus application himself but was denied permission to appear in court by the Home Ministry.

According to his lawyer, Manoharan had written to the Home Ministry seeking permission to appear in court but was denied on the grounds that he posed a threat to national peace and safety.

“He wrote to the Home Ministry on Sept 15 but was only informed that his application had been rejected through a letter that was faxed directly to him Monday evening with the reason being that he is a threat to national security,” she said when contacted by Malaysiakini.

“Manoharan has won several noted habeas corpus applications and therefore he would be the best person to represent himself,” said his wife S Pushpaneela.

Manoharan, who is also the Kota Alam Shah assemblyperson, was detained alongside four other Hindraf leaders last December following a rare mass street protest organised by the right’s group.

The lawyer told Malaysiakini that Manoharan's application also included a request for permission to attend the Selangor State Legislative Assembly sittings. Being absent for six months from the sessions could result in the seat being declared vacant, she explained.

Sreedevi also said they would be making a fresh application based on a precedent involving the detention of lawyer Karpal Singh under the ISA in 1987.

“Karpal represented himself during his detention under ISA and it was granted as he made the application to appear in court,” said Sreedevi.

Kok’s habeas corpus was struck out

In another court proceeding today, Selangor senior executive councillor Teresa Kok’s habeas corpus application challenging her ISA detention was struck out on the grounds the case was now academic since she was unconditionally released last week.

Kok, who is also the Seputeh parliamentarian, was arrested on Sept 12 and held under the tough security law for seven days allegedly for interferring with Islamic matters.

Kok’s lead counsel Karpal Singh, who while admitting the case had become academic, nevertheless insisted that judge Suraya Othman commented on the matter.

However, Justice Suraya declined and said that she could not provide a “remedy” based on Karpal’s sole affidavit because senior federal counsel Abdul Wahad Mohamad had not presented any.

“I’m also bound by the Federal Court ruling, I shall not make any comments on matters that have become academic,” said Suraya, adding that Kok had the option of pursuing other avenues of redress including filing a civil case.

Kok was held under detention without trial purportedly for causing tension and conflict among races.

The MP was accused of masterminding petitions sent out to mosque officials in Kota Damansara, Sri Serdang and Puchong Jaya asking them to lower the volume of their call to azan prayer.

Kok, who is also Kinrara state assemblyperson, however, had repeatedly denied the allegations and one of the mosques, Masjid Kota Damansara, has since clarified that a damaged amplifier was the cause of prayers having to be made without the aid of a PA system.