JOHOR BARU: The High Court here today set Jan 14 next year for its decision on the preliminary objection to the habeas corpus (wrongful detention) application by GISB Holdings (GISBH) Sdn Bhd chief executive officer Datuk Nasiruddin Mohd Ali and his wife Datin Azura Md Yusof.
It was filed to challenge their detention under the Security Offences (Special Measures) Act 2012 (Sosma 2012).
Judge Datuk Abu Bakar Katar made the ruling after hearing submissions on the preliminary objection raised by the respondents and the legal team representing the applicants.
In today's proceedings, the respondents' legal team, led by federal counsel Mohamad Firdaus Sadani Ali, along with Mohd Zain Ibrahim, and Nur Syahidah Mohamad Kamil, argued that the application was a "backdoor" attempt to secure the applicants' release through the court system.
Mohamad Firdaus contended that the applicants should pursue judicial review or other legal avenues to challenge their detention rather than relying on a habeas corpus application.
The applicants' legal team was led by Datuk Rosli Kamaruddin, along with Najib Zakaria, Boestamam Ahmad, Dorina Abdullah, Hasnan Hamzah, Zaim Rosli, Luqman Zainal, Schanni Feizal and Zahier Rosli.
Also present during the proceedings were two lawyers from the Malaysian Bar Council, R. Jayabalan and Khairul Azwad, who held a watching brief for the public interest.
In the same proceedings, the judge also dismissed Mohamad Suhaimi Mohd Sani, 28, the manager of GISBH's Ikhwan Café in Kluang's habeas corpus application after the applicant's legal team withdrew it.
The judge made the decision as the plaintiffs had been released on bail following proceedings at the Kota Tinggi Sessions Court on Oct 30.
The habeas corpus application for Nasiruddin and Azura was initially heard on Oct 30, naming the home minister, Inspector-General of Police,public prosecutor, director of prisons for Selangor and Kuala Lumpur federal territory and the government of Malaysia as respondents.
On Oct 23, Nasiruddin, Azura, and Mohamad Suhaimi were charged with being members of an organised crime group under Section 130V(1) of the Penal Code in the Selayang sessions court.
No pleas were recorded from them or the 19 other individuals charged, as the case, under Sosma 2012, falls under the jurisdiction of the high court.
According to the charge, the 13 men and nine women allegedly became members of an organised crime group at 33-B, Jalan Desa 1/1, Bandar Country Homes, Rawang, between October 2020 and Sept 11, 2024.