Wednesday, December 19, 2007

MORE PICS – New Habeas Corpus filed in KL - ISA Detainees M Manoharan & V Ganabatirau by Karpal Singh after Rejection earlier in IPOH on Technicality

UPDATE: Friday December 21, 2007; MYT 6:55:02 PM
Two Hindraf leaders file habeas corpus applications

KUALA LUMPUR: Two leaders of Hindu Rights Action Force (Hindraf), who are detained under the Internal Security Act (ISA), have filed their habeas corpus (wrongful detention) application at the High Court here for their release. Lawyer Karpal Singh filed the application on behalf of Hindraf legal adviser P. Uthaya-kumar and its co-ordinator K. Vasantha Kumar. He filed at the High Court (criminal) registry at about noon Friday.

They named the Internal Security Minister and the Kamunting Detention Centre’s superintendent as respondents In the affidavit, P. Waytha Nayagi, who affirmed the document to support the application for her brother Uthayakumar, said his arrest in Bangsar last Thursday and continued detention was unconstitutional and unlawful. Waytha Nayagi, 41, said there had been contravention of the provisions of the Federal Constitution and non-compliance with the provisions of rules of Internal Security (Advisory Board Procedure) Rules 1972. She said the allegations against her brother were groundless and asked the court to declare the detention order null and void. She applied for him to be brought to the court and released forthwith. In a notice of motion Waytha Nayagi also asked for any order deemed fit by the court.

In the other habeas corpus application, K. Vickneswary, wife of Vasantha Kumar, affirmed an affidavit for the purpose. Vickneswary, 35, said her husband's arrest in Brickfields last Thursday was not in accordance with law and illegal. She said the minister had acted mechanically and prematurely and that the allegations of fact against her husband were baseless and that his continued detention was unconstitutional and unlawful. She applied for him to be brought to the court and be set at free as well as any further order deemed proper by the court.

Speaking to reporters later, Karpal Singh said: "We are serving the papers of four applicants (lawyers M. Manoharan, V. Ganabatirau, Uthayakumar and former senior executive Vasantha Kumar) to the minister so that they will be ready for the hearing at High Court on Wednesday before Judicial Commissioner Zainal Azman Abdul Aziz," he added.

= = == = == = = =Original Post Below
Malaysiakini has the early report on the application being rejected in IPOH and an evening update

MORE PICS – New Habeas Corpus filed in KL - ISA Detainees M. Manoharan & V. Ganabatirau by Karpal Singh after Rejection earlier in IPOH on Technicality

The Ipoh High today struck out, on technical grounds, a habeas corpus application by Hindraf leader M Manoharan who is detained under the Internal Security Act (ISA). Apparently the copy of the Detention order was uncertified. A fresh application is being submitted today late afternoon in KL.

Habeas corpus is a writ ordering prisoners to be brought before a court or judge to ascertain if there are any procedural defects which could render their detention unlawful

December 19, 2007 19:53 PM

Karpal Files Fresh Habeas Corpus Application

KUALA LUMPUR, Dec 19 (Bernama) -- A fresh application for the release of M. Manoharan from detention under the Internal Security Act (ISA) was filed at the High Court here late this afternoon after the Ipoh High Court struck out an earlier application on technical grounds.

ABOVE: Karpal Singh in the KL Court waiting to collect copy of the Habeas Corpus filed being sorted out by a Court Assistant (BELOW)

The application for a writ of habeas corpus was filed by lawyer Karpal Singh (ABOVE) of Messrs Karpal Singh and Co at the High Court registry at about 4.20pm. Karpal Singh also filed a similar application to free another ISA detainee, V. Ganabatirau. He filed the applications on behalf of Manoharan's wife, P. Pushpaneela, 48 and Ganabathirau's younger brother, V. Papparaidu, 33. They named the Internal Security Minister as first respondent and the

ABOVE: Glancing through the Copy with his Office Assistants BELOW

Taiping Detention Camp Superitendent as the second respondent. In their affidavits they claimed that the detentions were unconstitutional and not in accordance with the law. They also stated that the purported grounds of detention were groundless and are seeking a court order to declare the arrests illegal and unlawful and the detention orders, null and void. Together with the applications, Karpal filed a certificate of urgency for the matter to be heard as soon as possible. The court will hear their applications on Dec 26. Earlier today in Ipoh, Justice Muhamad Ideres Muhamad Rapee struck out a similar application by Manoharan on grounds that Karpal Singh only submitted an uncertified copy of the detention order. Manoharan, 46, and Ganabatirau, 34, are said to be among those behind an unlawful assembly held here last month. Together with three others -- P. Utthayakumar, 46, R. Kenghadharan, 40,and T. Vasantha Kumar, 34, -- they were detained under the ISA on last Thursday.
= == = = =from Star

Hindraf lawyer files new habeas corpus application

KUALA LUMPUR: Lawyer M. Manoharan filed afresh a habeas corpus application at the High Court here for his release from detention under Internal Security Act (ISA). His lawyer Karpal Singh filed the application at High Court here at 4.15pm on Wednesday. Speaking to reporters later, Karpal Singh said the first similar application for Manoharan, 46, filed at Ipoh High Court, had been struck out earlier on a technical error. "We are filing afresh here. It can be done," he said. Also present were Manoharan's wife, V.N.S. Pushpaneela, 48 and his son, Hariharan, 10. Manoharan named Internal Security Minister and Kamunting detention centre's superintendent as respondents. In an affidavit filed Wednesday,

Pushpaneela who affirmed an affidavit to support the application, said her husband's arrest last Thursday and continued detention was unconstitutional and unlawful. She is seeking for an order from the court to release him forthwith on grounds that his detention was unlawful. At the same time, Karpal Singh also filed a similar application at the High Court (criminal) registry for lawyer V. Ganabatirau. V. Papparaidu, 32, who is Ganabatirau's brother, affirmed an affidavit in support of the application. Papparaidu who adopted similar points as Manoharan, is seeking for an order from the court for his release forthwith. The two-year detention order, effective from last Thursday, had stated that Manoharan and Ganabatirau had played an active part in the unregistered Hindu Rights Action Force (Hindraf) activities since October this year. The two were said to have acted as its leaders and legal advisors where Hindraf was said to have organise activities that could threaten the security of the country. High Court Judicial Commissioner Zainal Azman Abdul Aziz is scheduled to hear the applications on Wednesday.

== == == == = == = == == = == REJECTED EARLIER IN IPOH

ABOVE: The supporters mingling outside during the proceedings and BELOW: Outside the Courtroom

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ABOVE: Lawyers Karpal Singh & Kulasingam outside the Ipoh High Court BELOW: a Crowd of about 200 Supporters were there to give the moral support

Dec 19, 2007
M'sian court rejects application to free ethnic Indian activist

ABOVE: M. Manoharan arriving in Court in IPOH and BELOW was met by other supporters

KUALA LUMPUR - A MALAYSIAN court on Wednesday rejected an application to release one of five Indian activists who were arrested for organising a mass rally against alleged racial discrimination in this Muslim-majority country, a lawyer said.

The plea to free M. Manoharan of the Hindu Rights Action Force was rejected on a technicality, said defence lawyer Karpal Singh. He said High Court judge Muhamad Ideres Muhamad Rapee ruled the application invalid because it was accompanied by an uncertified copy of the detention order.
ABOVE: & BELOW: After being thrown out, PKR Leader Gobalkrishnan took time & explain the the crowd what happened

The copy should have been notarized by a proper authority, according to the judge in the northern town of Ipoh. 'It doesn't amount to anything because the case has not been heard on its merits,' Mr Karpal told The Associated Press, adding that he would make a fresh application in the Kuala Lumpur High Court for his client and another one of the detainees, V. Ganabatirau.

The two were among five ethnic Indian leaders who were imprisoned last Thursday under the Internal Security Act for alleged sedition and threatening national security. The ISA allows for detention without trial for an initial period of two years that can be extended indefinitely. Mr Karpal said if the application for the release of Manoharan and Ganabatirau is accepted, the ruling could be applied to the remaining three. The five activists organized a rally on Nov. 25 in which some 20,000 ethnic Indians voiced the community's demand for equal rights. Police used tear gas and water cannons to quell the protest, and charged 31 other people with attempted murder. The charge was dropped on Monday. Indians, who account for 8 per cent and are at the bottom of the economic and social ladder, complain their temples have been demolished and they face disadvantages in education, job and business opportunities. The government dominated by Muslim Malays - who account for 60 per cent of Malaysia's 27 million people - has denied that racial discrimination exists and has accused the activists of inciting racial hatred and unrest in this multiethnic country. – AP

ABOVE: Karpal Singh being wheeled into Court in IPOH; BELOW: Even they don't trust the lawyer and had him frisked for weapons

Hindraf lawyer Manoharan fails in habeas corpus application

IPOH (Dec 19, 2007): Lawyer M.Manoharan had his application for a writ of habeas corpus seeking his release from detention under the Internal Security Act (ISA) struck off by the High Court here today. Justice Datuk Muhamad Ideres Muhamad Rapee said the copy of the detention order that was attached to the application had not been certified by a Commissioner for Oaths. He said the application thus did not comply with provisions of the Rules of the High Court and therefore "the application is struck out". Counsel Krpal Singh told reporters later that he would submit a fresh application for Manoharan, 46, and another ISA detainee, V. Ganabathirau, 34, at the Kuala Lumpur High Court this afternoon. The two, together with three others, namely P.Uthayakumar, 46, R. Kengadharan, 40, and T. Vasanthakumar, 34, are accused to be behind an unlawful Hindu Righst Action Force (Hindraf) assembly held in the federal capital last month. They were detained last Thursday (Dec 13). The habeas corpus application was filed last Friday (Dec 14) and was fixed for mention before Judicial Commissioner Ridwan Ibrahim today. Karpal Singh said: "I was informed on Monday (Dec 17) that the case has been assigned for mention before Muhamad Ideres. I now want to know who directed the change of judge. "The judge (Muhamad Ideres) was informed that I would be late. Why did Muhamad Ideres decided not to wait for me to be present?" Karpal Singh was about 15 minutes late. The court sat for only five minutes from 9.05am. It was packed with members and opposition party members as early 8am with tight police security in the court compound.

Updated: 02:35PM Wed, 19 Dec 2007

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December 19, 2007 16:34 PM

11 Seditious, Smut Blogs, Websites Blocked, Dewan Negara Told

KUALA LUMPUR, Dec 19 (Bernama) -- Eleven blogs and websites with seditious and lewd contents have been blocked from being accessed by Internet surfers, the Dewan Negara was told Wednesday. Besides blocking the websites and blogs, the Science, Technology and Innovation Ministry has also drawn up long-term programmes in collaboration with CyberSecurity Malaysia to boost awareness on cyber security among computer buffs. To begin with, the website was launched recently, Ministry parliamentary secretary Datuk Dr Mohamed Ruddin Abdul Ghani said.

Replying to Senator Datuk Armani Mahiruddin, he said it was not difficult to block websites and blogs than e-mails featuring advertisements and pornography. "So far there is no specific mechanism to monitor e-mails as there are millions of e-mails being sent daily," he said. Mohamed Ruddin also said the ministry has not done any study to gauge to what extent information technology has an impact on the moral of teenagers .

= == = == Coming next post soon on

MORE PICS – Hundreds of Opposition & NGOs Activists on streets again to Assert rights of Peacful Assembly

with MORE pics to come


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