Nallini Pathmanathan JC:

[1] On 13 October 2006 the Deputy Minister of Home Affairs, ('the first respondent') issued an order of detention against Rakesh a/l Ram Tawar ('the detainee') for a period of two years pursuant to s. 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 ('the detention order'). The detainee then filed an application for the issuance of a writ of habeas corpus challenging the validity of the detention order, in the High Court at Kuala Lumpur vide application no. 44-44-2007 ('the first habeas corpus application'). This application was heard and dismissed by the High Court at Kuala Lumpur on 18 October 2007. The detainee did not file an appeal against this decision to the Federal Court.

[2] Subsequently on 6 November 2007 the detainee filed a second application for the issuance of a writ of habeas corpus in this court in respect of the same detention order through different solicitors ('the second habeas corpus application'). In response to this, the respondents lodged a preliminary objection contending that the second habeas corpus application should not be heard or determined by this court by reason of the application of the p