PUTRAJAYA: The Federal Court has dismissed the habeas corpus appeal filed by GISB Holdings Sdn Bhd (GISBH) CEO Nasiruddin Mohd Ali and his wife, Azura Md Yusof.
The two had filed an appeal challenging their detention under the Security Offences (Special Measures) Act 2012 (Sosma).
The three-judge panel chaired by Chief Justice Tun Tengku Maimun Tuan Mat, decided on Thursday (May 15) that the application by Nasiruddin, 66, and Azura, 58, lacked merit.
In the unanimous decision, she and Justices Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera said the court rejected their appeal.
"This appeal lacks merit, the application is dismissed, and the decision of the High Court is upheld," she said.
Nasiruddin and Azura filed the habeas corpus application naming the Home Minister, the Inspector-General of Police, the Public Prosecutor, the Director of Selangor State and Kuala Lumpur Prisons, and the Government of Malaysia as respondents.
Previously, on Jan 14, the Johor Bahru High Court dismissed the couple's habeas corpus application.
Judge Datuk Abu Bakar Katar stated that when the Notice of Motion for the habeas corpus application was filed on Oct 24 last year, the applicants were not under Sosma detention.
He stated that the applicants were under a valid Detention Warrant issued by the Selayang Sessions Court.
For the record, the Shah Alam High Court granted eight female defendants, including Azura bail. All eight were charged with being members of a criminal group.
However, Nasiruddin and 12 other applicants on the same charge were not granted bail.
Last October, Nasiruddin, Azura, and 19 others were charged at the Selayang Sessions Court, but no pleas were recorded from all the accused after the charges were read out, as the case falls under the jurisdiction of the High Court.
According to the charges read separately, they were found to be members of an organised criminal group, Global Ikhwan Services and Business Holdings (GISBH), at a location on Jalan Desa, in Bandar Country Homes, Rawang, between October 2020 and 11 September 2024.
The charges were filed under Section 130V(1) of the Penal Code, which carries a minimum prison sentence of five years and a maximum of 20 years if convicted.
