Bernama - Nov 12 2008
Kota Alam Shah assemblyman M. Manoharan has failed for the third time to get out of Kamunting after the High Court here today dismissed his application for a writ of habeas corpus.
“Our law only allows the court to enquire whether there is procedural non-compliance in the detention,” he said.
Manoharan filed the application on Aug 8, challenging the validity of the detention order, dated Dec 13 last year, under Section 8(1) of the Internal Security Act (ISA).
In his affidavit, Manoharan said the Home Minister’s refusal to grant him permission to attend the Selangor State Legislative Assembly sittings on May 22, 23 and 26, forcing him to take leave, tarnishes the democratic process.
He also said he was not an individual who could pose a threat to the country as he was elected as an assemblyman in the March 8 general election.
Senior Federal Counsel Abdul Wahab Mohamad objected to Manoharan’s application, saying that the grounds forwarded had no nexus with the legality of the detention.
“It is a clear abuse of the process of the court to file the instant application for habeas corpus when an earlier application had been finally determined by the Federal Court,” he said.
Manoharan’s first bid for the writ of habeas corpus was dismissed by the Kuala Lumpur High Court on Dec 26, 2007. On May 14 this year, the Federal Court also ruled against him.
He then filed another application in Ipoh High Court but had it thrown out on Sept 8.
Earlier in today’s proceedings, counsel Sreedevi Naidu told the court that Manoharan wanted to appear and represent himself but the judge said: “After going through the affidavit, I find that there was no sufficient reason to allow him to appear and to represent himself in court.”
Seen in court were Ipoh Timur Member of Parliament Lim Kit Siang and blogger Raja Petra Raja Kamaruddin.
Manoharan filed the application on Aug 8, challenging the validity of the detention order, dated Dec 13 last year, under Section 8(1) of the Internal Security Act (ISA).
In his affidavit, Manoharan said the Home Minister’s refusal to grant him permission to attend the Selangor State Legislative Assembly sittings on May 22, 23 and 26, forcing him to take leave, tarnishes the democratic process.
He also said he was not an individual who could pose a threat to the country as he was elected as an assemblyman in the March 8 general election.
Senior Federal Counsel Abdul Wahab Mohamad objected to Manoharan’s application, saying that the grounds forwarded had no nexus with the legality of the detention.
“It is a clear abuse of the process of the court to file the instant application for habeas corpus when an earlier application had been finally determined by the Federal Court,” he said.
Manoharan’s first bid for the writ of habeas corpus was dismissed by the Kuala Lumpur High Court on Dec 26, 2007. On May 14 this year, the Federal Court also ruled against him.
He then filed another application in Ipoh High Court but had it thrown out on Sept 8.
Earlier in today’s proceedings, counsel Sreedevi Naidu told the court that Manoharan wanted to appear and represent himself but the judge said: “After going through the affidavit, I find that there was no sufficient reason to allow him to appear and to represent himself in court.”
Seen in court were Ipoh Timur Member of Parliament Lim Kit Siang and blogger Raja Petra Raja Kamaruddin.
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