KUALA LUMPUR, 15 Sept 2008: Seputeh Member of Parliament Teresa Kok Suh Sim filed a habeas corpus application at the High Court here today seeking her release from detention under the Internal Security Act (ISA).
A notice of motion was filed at the High Court criminal registry at about 12.40pm via Messrs S N Nair.
Her lead counsel, Karpal Singh, told reporters that a certificate of urgency was also filed to get an early date for the hearing of the application.
Among the grounds given were that Teresa’s arrest and detention were unlawful and had violated the provisions of Section 73 (1) of the ISA and Article 5(3) of the Federal Constitution.
The certificate also stated that the arrest was done in a cavalier and irresponsible manner and was made mala fide.
It added that her detention was done with political intent, was arbitrary and without grounds.
In the notice of motion, she named the arresting officer, DSP E Kim Tien, as the first respondent and the Inspector-General of Police as the second.
Teresa was arrested in front of her apartment at OUG Heights, Old Klang Road, at about 11.20pm on 12 Sept while returning home after attending a function.
In an affidavit affirmed by her father, Kok Kim Tong, 74, he said that the arrest was made without basis, was illegal and unlawful.
He alleged that there was no proper preliminary investigation with regard to the acts as alleged in the grounds of arrest, where the arresting officer acted in a casual and cavalier fashion without due regard to the truth of the allegations against the applicant.
Kim Tong said Teresa denied all the allegations made against her and the authorities of the respective mosques had also denied that she was involved in the said allegation.
He said there is no factual matrix for his daughter’s arrest and detention under the ISA.
In a related development, counsel Nair told reporters that he had sent a letter of demand to the Malay daily, Utusan Malaysia, for an apology for the libellous article published by the daily on 10 Sept over the azan issue.
He said Teresa directed him to take legal action against the daily on 9 Sept. He sent the letter today and would file the suit if the daily failed to respond within 24 hours.
Nair said the allegations against Teresa in the said article were absolutely untrue and malicious.
On the issue of access to Teresa, Nair said he received a letter from Royal Malaysia Police secretary Datuk Azian Yahya today stating that Teresa’s counsel could meet her on 17 Sept.
He said the letter, which was faxed to his office, did not mention the time and only stated that he was to contact ACP Tan Kim Bong for further information. – Bernama