KUALA LUMPUR (Oct 21): Lawyers led by Bukit Gelugor MP Ramkarpal Singh today filed a habeas corpus application on behalf of five individuals held under the Security Offences (Special Measures) Act 2012 (Sosma) for suspected involvement in reviving the Liberation Tigers of Tamil Eelam (LTTE).

The individuals include Melaka state executive councillor G Saminathan, Negeri Sembilan assemblyman P Gunasekaran, and fellow DAP members V Suresh Kumar and S Chandru.

The fifth detainee is S Arivainthan, who is not a party member.

The five men were picked up between Oct 10 and 12, and are currently detained either at Bukit Aman or the Kuala Lumpur police headquarters.

The habeas corpus application was filed at the High Court yesterday, where the lawyers sought a release of the five before the 28-day Sosma detention. 

They named the head of the Special Branch Counter Terrorism Division (E8) principal assistant director Datuk Ayob Khan Mydin Pitchay, the investigating officer, the Inspector General of Police, the Home Ministry and the government, as respondents.

The five are seeking to be produced before the High Court and be released immediately.

Sosma provides suspects to be detained 28 days without the authorities having to produce them in court.

A writ of habeas corpus is basically for the arrested person to be brought before a judge in order to secure the person's release, unless lawful grounds are shown over the detention.

In their supporting affidavit, all five claimed that their constitutional rights were violated under the law as they were denied legal representation following the detention, and not being allowed to produce in court.

“As advised by our lawyers, the arrests by the respondents have breached the principle of equality before the law that is guaranteed under the Federal Constitution,” they said.

Ramkarpal, who appeared together with the DAP MP for Jelutong, RSN Rayer, said a certificate of urgency has also been filed. He hopes the case can be heard this week or next.

“The legal team is confident we have a strong case as neither of them are involved in LTTE activities, which is already gone for the past 10 years.

“We only managed to file the application today, as it was difficult to see them and secure instructions,” he said, adding he met a couple of them in Bukit Aman, while the other lawyers met the rest at KL contingent police headquarters.

Ramkarpal said he met some of the detainees last week and that they are in good spirits.

Since Oct 12, the number of LTTE suspects detained is 12.

Ramkarpal said the five who filed today’s habeas corpus application had approached him on the matter.