The reasons for the arrest of two Internal Security Act (ISA) detainees have not been backed up with hard evidence and the two must be freed, the Shah Alam High court heard today.
Lead defence counsel R Sivarasa for Abdul Ghani Haroon and N Gobalakrishnan told the judge that affidavits submitted by the police did not offer any substantial evidence.
"What they have submitted in the affidavits are mere allegations. The police chose the option of disclosing the reasons behind the arrests and it is now open to the court to review the matter.
"But in reviewing the affidavits, the court will not find any evidence so the detentions must be cancelled," Sivarasa told Justice Mohd Hishamudin Mohd Yunus.
Inspector-General of Police (IGP) Norian Mai held a press conference on April 11 and stated that the reformasi activists and leaders were arrested under the ISA for their involvement in attempting to topple the government through militant means with "bombs, grenade launchers, molotov cocktails, ball bearings and other dangerous weapons".
Sivarasa said that the High Court has the power of judicial review as Norian did not invoke Section 16 of the ISA or Article 151(3) of the Federal Constitution.
Section 16 states that no Minister, member of an ISA Advisory Board or public servant should "disclose facts or to produce documents which he considers it to be against the national interest to disclose or produce". Article 151 (3) states that it "does not require any authority to disclose facts whose disclosure would in its opinion be against the national interest".
The authorities have not provided any evidence whatsoever of the allegations made, added Sivarasa
Contradictory
Abdul Ghani and Gobalakrishnan were among the initial seven of a group of 10 arrested under the ISA, the other five being Keadilan vice-president Tian Chua, party Youth leaders Mohamad Ezam Mohd Nor and Saari Sungib, Free Anwar Campaign (Freeanwar.com) webmaster Raja Petra Raja Kamaruddin and social activist-cum- malaysiakini columnist Hishamuddin Rais.
Two other Keadilan leaders, Dr Badrul Amin Baharom and Lokman Noor Adam, were arrested on April 20 and 24 respectively while human rights activist Badaruddin Ismail was detained on April 25.
"The police should provide someone with personal knowledge who observed Abdul Ghani and Gobalakrishnan involved in those meetings or collecting bombs and grenade launchers," Sivarasa said.
He also noted that Norian's response to the habeas corpus applications was contradictory as his affidavit had mentioned the allegation of militant actions but did not specifically refer to those detained.
"The statement is questionable and inaccurate when compared with his press statement. His press statement said that 'arrests and detentions had been made' but in his affidavit he states that there were no specific reference to Abdul Ghani and Gobalakrishnan," he added.
Struck down
The habeas corpus applications of Chua, Ezam, Saari, Raja Petra and Hishamuddin were thrown out by the Kuala Lumpur High Court last Wednesday when Justice Augustine Paul ruled that the court had no jurisdiction to hear the matter.
Five of the detainees - Badrul, Saari, Raja Petra, Ezam and Lokman - have been allowed family visits, but the remaining five have not.
The hearing continues tomorrow at 10.30am with the prosecution submitting.
Yesterday the Federal Court struck down a decision by Hishamudin ordering the police to produce of Abdul Ghani and Gobalakrishnan in court for their habeas corpus application hearing.
