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Court rejects Manoharan’s habeas corpus bid

KUALA LUMPUR, 12 Nov 2008: Kota Alam Shah assemblyman M Manoharan has failed for the third time to get out of the Kamunting detention centre, after the High Court here today dismissed his application for a writ of habeas corpus.

Justice Mohamad Zabidin Mohd Diah said the grounds given in Manoharan’s affidavit did not fall within the ambit of the application.

“Our law only allows the court to enquire whether there is procedural non-compliance in the detention,” he said.   

Manoharan filed the application on 8 Aug 2008, challenging the validity of the detention order dated 13 Dec 2007, under Section 8(1) of the Internal Security Act.

In his affidavit, Manoharan said the home minister’s refusal to grant him permission to attend the Selangor Legislative Assembly sittings on 22, 23 and 26 May 2008, forcing him to take leave, tarnishes the democratic process.

He also said he was not an individual who could pose a threat to the country as he was elected an assemblyman in the 8 March 2008 general election.

Senior Federal Counsel Abdul Wahab Mohamad objected to Manoharan’s application, saying that the grounds forwarded had no nexus with the legality of the detention.

“It is a clear abuse of the process of the court to file the instant application for habeas corpus when an earlier application had been finally determined by the Federal Court,” he said.

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 2008, the Federal Court also ruled against him.

He then filed another application in the Ipoh High Court but it was thrown out on 8 Sept 2008.

Earlier in today’s proceedings, counsel Sreedevi Naidu told the court that Manoharan wanted to appear and represent himself.

However, the judge said: “After going through the affidavit, I find that there was no sufficient reason to allow him to appear and to represent himself in court.”

Seen in court were Ipoh Timur Member of Parliament Lim Kit Siang and blogger Raja Petra Raja Kamaruddin. — Bernama


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