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2001 MarsdenLR 1599

HISHAMUDIN YUNUS
ABDUL GHANI HAROON – Appellant
Versus
KETUA POLIS NEGARA – Respondent


Advocates:
For the applicants - R Sivarasa (Kamarul Hisham, Kandasamy Palaniandy, SaifulIzham, Hamidzun Khairuddin with him); M/s Selvam Shanmugam & Partners For the respondent - Abdul Wahab Mohd SFC (Abdul Rashid Sudin SFC with him)

JUDGMENT

Hishamudin Mohd Yunus J:

Encik Abdul Ghani Haroon and Encik Gobalakrishnan a/l Nagappan are officials of the political party, Parti Keadilan Nasional. They had been separately arrested under s. 73(1) of the Internal Security Act 1960 (the ISA). Encik Gobalakrishnan was arrested at 11.50pm on 10 April 2001 at the Kuah Police Station, Langkawi, whilst Encik Abdul Ghani was arrested at 10.25am on 11 April 2001 at the Kuching International Airport.

The families, on behalf of the two detainees, have separately applied to this court for a writ of habeas corpus, through Criminal Application 44-9-2001 and Criminal Application 44-10-2001. The supporting affidavit of Encik Ghani's application is deposed by his wife Puan Roslijah binte S. Syed, whilst the supporting affidavit for Encik Gobalakrishnan's application is deposed by his brother, Encik Deven a/l Nagappan. By consent, these two applications have been consolidated and are being heard together.

The common respondent in the applications is the Inspector General of Police.

A few days before the commencement of the hearing on 23 April 2001, the Deputy Registrar of this court had caused to be issued and served on the respondent a

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