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2006 MarsdenLR 2917 ; 2006 MarsdenLR 1

ABDUL HAMID MOHAMAD, PAJAN SINGH GILL, ALAUDDIN MOHD SHERIFF, AUGUSTINE PAUL, RICHARD MALANJUM
SEJAHRATUL DURSINA – Appellant
Versus
KERAJAAN MALAYSIA – Respondent


Advocates:
For the appellants - Edmund Bon Tai Soon (Saiful Izham Ramli & Nik Mohamed Ikhwan Nik Mahamud with him); M/s Saiful Kasri & Assoc.
For the respondents - Mohamad Hanafiah Zakaria (Suhaimi Ibrahim, Raja Rozela Raja Toran & Najib Zakaria).

JUDGMENT

Abdul Hamid Mohamad FCJ:

[1]The appellant was arrested on 17 April 2002 under s. 73(1) of the Internal Security Act 1960 ("ISA").

[2]On 9 May 2002, an originating motion was filed by her mother praying for the following orders.

1. That access be given to her counsel to take instruction from her pursuant to art. 5(3) of the Federal Constitution and, for that purpose, the appellant be brought to court.

2. Further and in the alternative that the appellant be produced in court and to be released.

3. Further and after the appellant is released, that she will not be arrested and/or detained again.

4. Other orders and/or direction that the court deems fit to make.

[3]The application was heard on 4, 7 and 12 June 2002. During that period the appellant was still under detention pursuant to s. 73(3) of the ISA.

[4]On 12 June 2002, the High Court fixed the case for its decision on 14 June 2002.

[5]On the same date (12 June 2002) the Minister in exercise of the powers given to him by s. 8(5) of the ISA issued a restriction order on the appellant.

[6]On 14 June 2002, just before the learned judge delivered her decision, learned counsel for the respondents informed her of the fact that

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