Mohamed Dzaiddin CJ:

This is an appeal by the appellants against the decision of the High Court Kuala Lumpur given on 25 April 2001 refusing to grant the writ of habeas corpusfor their release. The appellants who were Reformasi activists were arrested and detained on 10 and 11 April 2001 under s. 73 of the Internal Security Act 1960(the ISA).

There are several grounds of appeal put forward on their behalf contending that their arrest and detention are illegal. Leading counsel for the appellants has categorised them under five main heads. Each one of us will deal with the issues raised by counsel in our separate judgments.

To avoid any repetition, my learned brother, Abdul Malek FCJ has set out the chronology of events and the preliminary issues in his judgment.

I shall deal with the issue of mala fidesraised by Tuan Haji Sulaiman.

In The High Court

The learned trial judge approached this issue by questioning whether the applicants have made out a case of mala fideagainst the respondent. In his Lordship's view this requires a consideration of whether the detention was made in bad faith and not the sufficiency of the grounds of detention.

The material parts of the respondent