JOHOR BAHRU: The High Court today set Jan 14, 2025, to deliver its decision on the preliminary objection to the habeas corpus application for unlawful detention filed by GISB Holdings (GISBH) Sdn Bhd chief executive officer Datuk Nasiruddin Mohd Ali and his wife, Datin Azura Md Yusof.
The application was filed to challenge their detention under the Security Offences (Special Measures) Act (SOSMA) 2012.
Judge Datuk Abu Bakar Katar made the ruling after hearing submissions from both parties involved in the matter.
Federal Counsels Mohamad Firdaus Sadani Ali, Mohd Zain Ibrahim, and Nur Syahidah Mohamad Kamil, who appeared for the respondents, contended that the application constituted an attempt to exploit the judicial system as a ‘backdoor’ means of securing the release of the petitioners.
They argued that the petitioners should instead seek judicial review or other appropriate measures to challenge their detention, rather than filing a habeas corpus application.
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 lawyers from the Malaysian Bar, R Jayabalan and Khairul Azwad, who were holding a watching brief in the public interest.
Prior to this, the court had dismissed the habeas corpus application filed by Mohamad Suhaimi Mohd Sani, 28 the manager of Ikhwan Café in Kluang owned by GISBH, after it was withdrawn, as the plaintiff had been released on court bail at the Kota Tinggi Sessions Court on Oct 30.
Meanwhile, when approached by the media outside the court, Rosli said if the habeas corpus application filed on behalf of Nasiruddin, aged 65, and Azura, aged 57, overcomes the preliminary objection, the defence will proceed to 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 stated that his team would also file an appeal requesting the Attorney General’s Department and the Minister of Home Affairs, Datuk Seri Saifuddin Nasution Ismail, to reconsider the necessity of continuing 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 Oct 30, with both petitioners naming the Minister of Home Affairs, the Inspector-General of Police, the Public Prosecutor, the Director of Prisons for Selangor and Kuala Lumpur, and the Government of Malaysia as respondents.
On Oct 23, Nasiruddin, Azura, and Mohamad Suhaimi were reported to have been 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 individuals involved, as the case is governed by SOSMA 2012 and falls under the jurisdiction of the High Court.
The charges state that all 13 men and nine women were members of an organised crime group at 33-B, Jalan Desa 1/1, Bandar Country Homes, Rawang, between Oct 2020 and Sept 11, 2024.
