KUALA LUMPUR (Oct 31): The High Court today deferred to next Tuesday (Nov 5) the hearing of a habeas corpus application from five of the suspects arrested over alleged involvement in the defunct terrorist group, Liberation Tigers of Tamil Eelam (LTTE).

Of the five, who are being held in detention under the Security Offences (Special Measures) Act or Sosma, four are DAP members.

Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh decided on the deferment following an application submitted by lawyer Harshaan Muhammad Zamani, who informed the court that the prosecution only replied to the habeas corpus application of one of the suspects — V Suresh Kumar — yesterday.

"Hence, we need to take instructions on whether to reply to the affidavit from the prosecution. At this moment Suresh Kumar has not been charged (Suresh Kumar was later charged about 2pm)," he said.

"We will also study whether there would be affidavit in reply to the others," Harshaan added.

DPP Mohd Safuan Azhar, along with two other DPPs who appeared for the prosecution, also indicated they may reply to the affidavit.

Harshaan later told reporters that the prosecution felt the matter was academic as the suspects have been charged, but the defence thought otherwise and wanted to proceed with the habeas corpus hearing on Tuesday.

The habeas corpus application from the five, namely Malacca state exco member G Saminathan and Negeri Sembilan assemblyman P Gunasekaran, along with two other DAP members Suresh Kumar and S Chandru and non-party member S Arivainthan, was filed on Oct 21.

The application was supposed to be heard today but all five were among 12 people brought to court and charged today over links with LTTE.

It was reported that Saminathan, Gunasekaran, Suresh Kumar, Chandru and Arivainthan, along with A Kalaimughilan, S Teeran, V Balamurugan, R Sundram, S Thanagaraj, M Pumugan, and B Subramaniam were charged at three different courts today under Section 130 J of the Penal Code for offences of soliciting or giving support to terrorist groups or for the commission of terrorist acts in relation to LTTE.

If convicted, they could face a maximum punishment of life imprisonment or not more than 30 years in jail.