JOHOR BAHRU, Dec 18 — The High Court today set January 14 for its decision on the preliminary objection to the habeas corpus application for unlawful detention filed by GISB Holdings Sdn Bhd (GISBH) chief executive officer Datuk Nasiruddin Mohd Ali and his wife Azura Md Yusof.
The application was filed to challenge their detention under the Security Offences (Special Measures) Act 2012 (Sosma).
Judge Datuk Abu Bakar Katar made the ruling after hearing submissions from both parties.
Federal counsels Mohamad Firdaus Sadani Ali, Mohd Zain Ibrahim, and Nur Syahidah Mohamad Kamil, who appeared for the respondents, contended the application constituted an attempt to exploit the judicial system as a “backdoor” means to secure the release of the petitioners.
They argued the petitioners should instead seek judicial review or other appropriate measures to challenge their detention, rather than filing a habeas corpus bid.
The proceedings were attended by the petitioners’ legal team, led by Datuk Rosli Kamaruddin, Najib Zakaria, Boestamam Ahmad, Dorina Abdullah, Hasnan Hamzah, Zaim Rosli, Luqman Zainal, Schanni Feizal, and Zahier Rosli.
Also present at the proceedings were two Malaysian Bar lawyers R. Jayabalan and Khairul Azwad, who were holding a watching brief in the public interest.
Previously, the court dismissed the habeas corpus bid by Mohamad Suhaimi Mohd Sani, 28 the manager of Ikhwan Café in Kluang, which is owned by GISBH, after it was withdrawn as the plaintiff was released on court bail at the Kota Tinggi Sessions Court on October 30.
Meanwhile, when approached by the media outside the court, Rosli said if the habeas corpus bid filed on behalf of Nasiruddin, 65, and Azura, 57, overcomes the preliminary objection, the defence will submit arguments on its merits.
He highlighted that the habeas corpus application raised a crucial issue regarding the preliminary objection, namely that the application was filed a day after the charges were brought against the petitioners at the Selayang Sessions Court.
Rosli said his team would file an appeal requesting the Attorney-General’s Chambers and Home Minister Datuk Seri Saifuddin Nasution Ismail, to reconsider the need to continue the case under the organised crime laws and Sosma, or whether the status of the case should be amended.
Previously, Nasiruddin and Azura’s habeas corpus application was heard on October 30, with both petitioners naming the Home Minister, Inspector-General of Police, public prosecutor, the Prisons Director for Selangor and Kuala Lumpur, and the Malaysian government as respondents.
On October 23, Nasiruddin, Azura, and Suhaimi were reportedly charged with being members of an organised crime group under Section 130V(1) of the Penal Code at the Selayang Sessions Court.
No plea was recorded from them or the other 19 suspects involved, as the case is governed by Sosma and falls under the jurisdiction of the High Court.
The charges say the 13 men and nine women acted as members of an organised crime group at 33-B, Jalan Desa 1/1, Bandar Country Homes, Rawang, between October 2020 and September 11, 2024.
— Bernama
