Hindraf lawyers third bail plea dismissed
November 13th, 2008 - 4:34 pm ICT by ANIKuala Lumpur, Nov 13 (ANI): A Malaysian High Court yesterday dismissed the third bail application of Hindraf lawyer M. Manoharan, of India origin, to free himself from detention under the Internal Security Act.
Earlier, Manoharan, along with four other Hindraf leaders, R. Kengadharan, 41, P. Uthayakumar, 48, V. Ganabatirau, 35, and Hindraf coordinator K. Vasantha Kumar, 35, had filed two applications at the Kuala Lumpur and Ipoh High Court after their detention last year. But, both the applications were dismissed by the High Court and the Federal Court this year.
Manoharan, who is Kota Alam Shah assemblyman and legal adviser to the outlawed Hindu Rights Action Force (Hindraf), had made the habeas corpus application contesting the validity of the detention order signed by the home minister.
Judge Datuk Mohamad Zabidin Mohd Diah ruled that the detention was lawful as Manoharan’’s grounds in his affidavit did not fall within the ambit of a habeas corpus writ, therefore allowing preliminary objections by the respondents.
Our law only allows me to inquire if there was procedural non-compliance in the detention. After going through the affidavit, I agree with the counsel that the reasons do not fall within the ambit of habeas corpus. I have no choice but to allow the objections by the respondents, nstonline.com quoted him as saying.
As a respondent to the bail application, deputy public prosecutor Abdul Wahab Muhamad argued that Manoharan’’s contention that he was the elected representative in the Selangor state legislative assembly and that he had not committed any act which was a threat to national security, had no connection with the legality of his detention.
Referring to Manoharan’’s third application for habeas corpus, Wahab said that the filing of the application was an abuse of the process of the court. (ANI)
- Hindraf adviser's third freedom bid rejected by Malaysian court - Nov 13, 2008
- Anwar sodomy case: High Court allows three items as DNA evidence - Mar 23, 2011
- Hindraf leaders'' remain under Internal Security Act - Feb 12, 2009
- Malaysian Court dismisses HINDRAF leader''s petition for release - Mar 11, 2009
- Malaysian court to take up Hindraf leaders release petition on July 21 - Jun 24, 2008
- Sodomy II: Former Malaya Deputy PM Anwar fails to disqualify judge - Dec 06, 2010
- Malaysian apex court dismisses Hindraf leaders' petitions - Apr 16, 2009
- Ethnic Indian challenges detention by Malaysian Air Force - Jan 04, 2011
- Malaysia's apex court rejects Hindraf leaders' appeals - Apr 17, 2009
- Malaysian Indian challenges government order on party registration - Apr 07, 2011
- Freedom plea of jailed Malaysian Indian lawmaker rejected - Feb 18, 2009
- Court dismisses Indians' plea against Malaysian PM - Mar 25, 2011
- Hindraf leader plans to set up NGO for Malay-Indians - Jul 29, 2009
- Hindraf leader files fourth habeas corpus application in Malaysian HC - Mar 28, 2009
- Malaysian Indian legislator wants to be allowed to attend assembly - Feb 13, 2009
Tags: affidavit, alam shah, ambit, assemblyman, bail plea, contention, deputy public prosecutor, habeas corpus, hindu rights action force hindraf, home minister, internal security, kota, kuala lumpur, legal adviser, legislative assembly, mohamad, muhamad, respondent, selangor state, vasantha