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Wednesday, 29 October 2008

Hindraf 5's case adjourned, Federal Court ordered to write judgment

PUTRAJAYA, Oct 28 - The hearing of an application for a judicial review by five Hindu Rights Action Force (Hindraf) leaders detained under the Internal Security Act was adjourned today because there was no written judgment by the Federal Court.

Federal Court judge Datuk Nik Hashim Nik Abdul Rahman, who presided over the hearing, ordered the previous Federal Court panel which made the decision to write the judgment as the court could not proceed without the grounds of judgment.

Justice Nik Hashim, who sat with justices Datuk S. Augustine Paul and Datuk Zulkefli Ahmad Makinudin, then adjourned the hearing until the written grounds of judgment are ready.

Earlier, counsel for the five men, Karpal Singh, informed the court that today’s hearing was for a judicial review of the Federal Court’s rejection of their habeas corpus appeal to be freed but the grounds of judgment had yet to be written.

On May 14 2008, a three-member panel of the Federal Court headed by Chief Judge of Malaya Datuk Alauddin Mohd Sheriff (now Court of Appeal President) dismissed their appeal after ruling that the order for their detention at the ISA camp in Kamunting, Taiping, by Prime Minister Datuk Seri Abdullah Ahmad Badawi, who was also the Internal Security Minister then, was lawfully executed.

The five are lawyers M. Manoharan, 46, who is also the state assemblyman for Kota Alam Shah, P. Uthayakumar, 46, V. Ganabatirau, 40, R. Kenghadharan, 40, and former bank officer K. Vasantha Kumar, 36.

They were held under the ISA on Dec 13 after being involved in street demonstrations in Kuala Lumpur on Nov 25 and issuing slanderous statements against the government.

They took the case to the Federal Court after failing to get the High Court to release them. - Bernama

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