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RPK to file Habeas Corpus

From the news reports we are receiving, it appears that RPK will follow in Teresa's footsteps and file a Habeas Corpus application:

Quote from Malaysiakini:

His lawyers are expected to file a writ of habeas corpus seeking his release later this week. They are expected to see him on Thursday.

Quote from The Star

KUALA LUMPUR: Raja Petra Kamaruddin’s wife Marina Lee Abdullah will file a habeas corpus application Tuesday afternoon for his release.

Marina, who visited the Malaysia Today editor at Bukit Aman today also said that he was not on a hunger strike as speculated by some quarters.

Raja Petra was arrested under the Internal Security Act on Friday.

Of course, this Habeas writ will not be heard if Anwar takes over soon. But, in the event that he does not, I reiterate what I said about the Habeas Corpus:

Personally, from the point of view of the law, there is little to no chance for Teresa and RPK's Habeas writs to be granted. This is because Habeas Corpus in Malaysia that deals with arrests under the ISA can only order the release of Teresa and RPK if they find that the method of arresting was illegal. They are not allowed to challenge the legality and reasons for the arrest, which is where this case lies.

Teresa's lawyer Nair yesterday said that he is filing the Habeas on a mala fide ground, which challenges the legality of the arrest, which is not permitted. Hence, I do not think it would be granted, unless my knowledge of Malaysian law (which is admittedly, not very strong) is wrong.


Why Cares said...

Section 2 of ISA says 'Terrorist ' means 'any person' who -
a) by the use of nay fire-arm..
b) carries 0r has in his possession or under his control any fire-arm..
c) demands, collect or receives any supplies for the use of any person who intends or is about to act...

Both RPK and TB Teresa Kok are NOT " TERRORIST" at all!

Habeas Corpus must be 'filed under Section 2 'since detainees are not "terrorist".

Useless & Cannot challenge section 8 of Minister's power or section 73 of Police powers.

Interpretation of section 2 shows detention is Null & Void against ISA act itself. It is also Ultra Vires the Federal Constitution.