GISB CEO and wife's habeas corpus decision set for Jan 14


JOHOR BARU: The High Court here has set Jan 14 next year for the decision on a preliminary objection against the habeas corpus application filed by the Chief Executive Officer of GISB Holdings Sdn Bhd (GISB), Datuk Nasiruddin Mohd Ali, and his wife, Azura Md Yusof.

The application challenges their detention under the Security Offences (Special Measures) Act 2012 (SOSMA 2012).

Judge Abu Bakar Katar set the date after hearing arguments on the preliminary objection presented by the respondents’ lawyers and the applicants’ legal representatives.

The respondent’s legal team, led by Federal Counsel Mohamad Firdaus Sadani Ali, Mohd Zain Ibrahim, and Nur Syahidah Mohamad Kamil, argued that the application was a "backdoor" attempt to secure the applicants' release through the judicial system.

Meanwhile, the applicants’ legal team was led by Datuk Rosli Kamaruddin and included Najib Zakaria, Boestamam Ahmad, Dorina Abdullah, Hasnan Hamzah, Zaim Rosli, Luqman Zainal, Schanni Feizal, and Zahier Rosli.

The proceedings were also observed by two Malaysian Bar lawyers, R. Jayabalan and Khairul Azwad, to safeguard the public interest.

Earlier, the judge dismissed the habeas corpus application of GISBH's Ikhwan Café Manager in Kluang, Mohamad Suhaimi Mohd Sani, 28, following its withdrawal by the applicant’s lawyers. This was due to Suhaimi being released on bail by the Kota Tinggi Sessions Court on Oct 30.

The habeas corpus application for Nasiruddin and Azura was initially heard on Oct 30. Both applicants named the Home Minister, the Inspector-General of Police, the Public Prosecutor, the Selangor and Kuala Lumpur Prison Directors, and the Government of Malaysia as respondents.

On Oct 23, Nasiruddin, Azura, and Suhaimi were charged in the Selayang Sessions Court under Section 130V(1) of the Penal Code for being members of an organised criminal group.

No pleas were recorded from them or the other 19 individuals charged due to the case being under SOSMA, which places it under the jurisdiction of the High Court.

According to the charge, the group of 13 men and nine women were alleged to be members of an organised crime group at 33-B, Jalan Desa 1/1, Bandar Country Homes, Rawang, between October 2020 and Sept 11, 2024.

Outside the courtroom, Rosli stated that if the habeas corpus application for Nasiruddin, 65, and Azura, 57, survives the preliminary objection, the defence will proceed with arguments on the merits of the application.

He noted that the habeas corpus application considered critical issues, including the timing of its filing, which occurred a day after the applicants were charged in the Selayang Sessions Court.

“This (habeas corpus application) is for the proceedings in Johor Baru. God willing, other similar applications will follow, including appeals to the Attorney General’s Department and the Home Affairs Ministry.

“Nasiruddin and Azura also intend to challenge the organised crime charges filed at the Selayang Court.

“However, the case in the Selayang Court has yet to be transferred to the High Court; it is still in process. We will file an appeal while also challenging the charges in court,” he said.

Rosli added that the defence would also appeal and urge the government, particularly the Attorney General’s Department and Home Affairs Minister Datuk Seri Saifuddin Nasution Ismail, to reconsider whether the case needs to proceed under organised crime and SOSMA laws or if its status should be amended.

He also proposed that the government exercise its discretion to revise the charges and cases involving all GISB members currently detained.

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GISB , CEO , Wife , Habeas Corpus

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