JOHOR BARU: The High Court here has allowed a preliminary objection to the habeas corpus application filed by GISB Holdings Sdn Bhd chief executive officer Nasiruddin Mohd Ali and his wife Azura Md Yusof.
The application challenges their detention under the Security Offences (Special Measures) Act (Sosma) 2012.
In delivering his decision on Tuesday (Jan 14), Justice Datuk Abu Bakar Katar said the court was of the opinion that when the notice of motion was filed on Oct 24, the applicants were not under Sosma detention.
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He added that the applicants were under a valid warrant of arrest issued by the Selayang Sessions Court and the writ of habeas corpus had become academic.
“This court allows the preliminary objection raised by the Senior Federal Counsel representing the respondents.
"This court is of the opinion that when the writ of habeas corpus was filed, the applicants were not in wrongful detention or unjustified detention," he said here.
When met outside the courtroom, the applicants' lawyer Datuk Rosli Kamaruddin said they would file an appeal at the Federal Court next week.
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"In addition, we will also file a bail application involving all eligible detainees, namely women and men who are sick and unwell.
"This application for bail includes the GISB CEO and his wife. The application will be made to the court to consider... whether or not to grant bail," he said.
Besides Rosli, the applicants were represented by lawyers Najib Zakaria, Boestamam Ahmad, Dorina Abdullah, Hasnan Hamzah, Zaim Rosli, Luqman Zainal, Schanni Feizal and Zahier Rosli.
Both applicants named the Home Minister, the Inspector-General of Police, the Public Prosecutor, the Selangor and Kuala Lumpur Prisons directors, and the government as respondents.
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The respondents were represented by Senior Federal Counsel Mohd Zain Ibrahim and Federal Counsels Mohamad Firdaus Sadani Ali and Nur Syahidah Mohamad Kamil.
On Oct 23, Nasiruddin and Azura were among 22 people charged in the Selayang Sessions Court under Section 130V(1) of the Penal Code with 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 last year.
