JOHOR BAHRU: The High Court here today dismissed the habeas corpus applications for immediate release filed by GISB Holdings Sdn Bhd (GISBH) chief executive officer Nasiruddin Mohd Ali and his wife Azura Md Yusof in October last year.
They were seeking to challenge their arrest under the Security Offenses (Special Measures) Act 2012, (SOSMA 2012) and with their applications dismissed, the couple will remain in detention.
Judge Datuk Abu Bakar Katar, in delivering the decision, stated that after reviewing the oral and written submissions from both parties, the court concluded that the issues raised by the applicants did not support their case.
“This court opines that when the Notice of Motion was filed on Oct 24, 2024, the applicants were not in the custody of SOSMA. The applicants were in a valid Arrest Warrant issued by the Selayang Sessions Court.
“When the Writ of Habeas Corpus was filed, the applicants were not in wrongful detention or unjustified detention. The applicants were under a valid Warrant of Arrest,“ he said.
At today’s proceedings, the applicants were represented by a panel of lawyers comprising Datuk Rosli Kamaruddin, Najib Zakaria, Boestamam Ahmad, Dorina Abdullah, Hasnan Hamzah, Muhammad Zaim Rosli, Luqman Zainal, Schanni Feizal and Muhammad Zahier Rosli.
Senior federal counsel Mohd Zain Ibrahim and federal counsel Mohamad Firdaus Sadina Ali and Nur Syahidah Mohamad Khamil appeared for the respondents.
Also present at today’s proceedings was lawyer Syahmi Nawawi, from the Malaysian Bar, who is holding a watching brief in the public interest.
Nasiruddin and Azura filed the habeas corpus application on Oct 30 last year, 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.
They were charged in the Selayang Sessions Court on Oct 23 last year with being members of the organised crime group GISBH since 2020 under Section 130V(1) of the Penal Code.
Meanwhile, Rosli, when met outside the court, said he has received instructions from his clients to appeal against today’s decision.
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