PUTRAJAYA, 17 Feb 2009: Kota Alam Shah assemblyperson M Manoharan remains under Internal Security Act (ISA) detention after the Federal Court here today dismissed his appeal.
Federal Court judges Datuk Nik Hashim Nik Ab Rahman, Datuk Augustine Paul and Datuk Zulkefli Ahmad Makinuddin said he had failed to convince them that his detention was illegal.
They made the ruling after unanimously dismissing his appeal against the High Court’s decision in refusing to grant him a writ of habeas corpus last year for his release.
This is the second time that Manoharan, 49, has failed in his bid to get out of the ISA detention centre in Kamunting.
He was detained on 13 Dec 2007, for alleged involvement in organising a street protest in Kuala Lumpur on 25 Nov of the same year, and for making inflammatory remarks against the government.
Manoharan’s first bid for the writ of habeas corpus was dismissed by the Kuala Lumpur High Court on 26 Dec 2007. On 14 May last year, the Federal Court also ruled against him.
He filed another application for habeas corpus on 8 Aug 2008, challenging the validity of the detention order, dated 13 Dec 2007, under Section 8 (1) of the ISA.
His application was rejected by the Kuala Lumpur High Court on 12 Nov 2008.
Counsel A Srimurugan argued today that Manoharan could not be a threat to national security as he was elected an assemblyperson in the March 2008 general election.
Deputy public prosecutor Najib Zakaria, for the Home Minister, replied that the fact that he was elected an assemblyperson was irrelevant to his detention. — Bernama