Friday 29 Mar 2024
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This article first appeared in The Edge Financial Daily on October 22, 2019

KUALA LUMPUR: Lawyers led by Bukit Gelugor member of parliament (MP) Ramkarpal Singh yesterday 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).

They 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 in Bukit Aman or the Kuala Lumpur police headquarters.

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

They named 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.

In their supporting affidavit, all five claim that their constitutional rights were violated under the law as they were denied legal representation following the detention and not being allowed to produce themselves 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 MP for Jelutong RSN Rayer from DAP, said a certificate of urgency had also been filed and hoped the case can be heard this week or next week.

“The legal team is confident we have a strong case as neither of them are involved in LTTE activities.

“We only managed to file the application today (yesterday) as it was difficult to see them and secure instructions,” he said.

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

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

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