The Federal Court today postponed the habeas corpus appeal by five Hindu Rights Action Force (Hindraf) leaders who were detained under the Internal Security Act as lead counsel Karpal Singh was suffering from food poisoning.

At the beginning of the hearing, lawyer Ram Karpal Singh informed judge Richard Malanjum - who was heading a three-member bench in hearing the appeal following a Sept 8 decision by the Ipoh High Court to dismiss the application - about Karpal’s absence.

"I am here to seek an adjournment as lead counsel Karpal Singh is unwell as he is suffering from food poisoning since yesterday. We are in the midst of providing a medical certificate to verify this," he said.

Malanjum then pointed out the case was a matter of great urgency as it involved the freedom of the Hindraf 5.

According to Ram Karpal, he had already informed his clients about the possible postponement.

Malanjum then asked Mohd Yusof Zainal Abiden, who is head of prosecution from the Attorney-General’s Chambers, on whether he had any objection to putting the hearing off, to which the DPP replied none.

The judge subsequently postponed the hearing to a date to be fixed.

Besides Malanjum, the other two Federal Court judges were Hashim Yusof and Zulkefli Ahmad Makinudin. Assisting Yusof was Abdul Wahab Mohamad and Najib Zakaria.

hindraf isa detainees 290808The five - P Uthayakumar, 47, T Vasanthakumar, 35, M Manoharan, 47, R Kenghadharan, 41 and V Ganabatirau, 35, - were arrested and detained under the ISA on Dec 13 last year, following a crackdown on Hindraf leaders and activists following a mammoth rally in Kuala Lumpur on Nov 25.

Ipoh judicial commissioner Ridwan Ibrahim, who dismissed the habeas corpus application, ruled the detention of the five was according to legal provisions, and the government had correctly and rightfully used its discretionary powers under the law.

"In summary, the court finds that there has not been any contravention as alleged by the applicants of their constitutional rights to approve the habeas corpus application," said Ridwan.

He said the Advisory Board, which recommended the extension of their detention, also did not commit any wrongdoing as it was not subject to use a judicial inquest in order to make a decision.

Another habeas corpus application

The Hindraf 5 detainees have filed a habeas corpus application in both the Ipoh and Kuala Lumpur High Court.

A writ of habeas corpus orders the authorities to produce detainees before a judge to determine whether the government has the right to continue holding them.

However, the Federal Court has already dismissed their appeal against the Kuala Lumpur High Court’s decision.

On May 14, a three-member Federal Court panel headed by the then Chief Judge of Malaya Alauddin Mohd Sheriff - now Court of Appeal president - ruled that the detention order by Prime Minister Abdullah Ahmad Badawi, who was also then internal security minister, was lawfully executed.

Karpal has subsequently filed a review to this case and the Federal Court is awaiting the written judgment by the judges who had heard the appeal.

Ganabatirau's younger brother V Raidu when met said his brother was still in good spirits.

"Our family members have been visiting them and the others every weekend. They are still in high spirits," he said.