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2002 MarsdenLR 1447

FEDERAL COURT KUALA LUMPUR
MOHAMAD EZAM MOHD NOOR – Appellant
Versus
KETUA POLIS NEGARA & OTHER APPEALS – Respondent


Petitioner Advocates:Sulaiman Abdullah,Sivarasa Rasiah,Christopher Leong,Malik Imtiaz Sarwar,Moganambal Murugappan ,Respondent Advocate: Ainum Said AG,Abdul Gani Patail AG,Azahar Mohamed,Mohd Yusof Zainal Abiden,Mary Lim Thiam Suan,Tun Abdul Majid Tun Hamzah,Kamaluddin Mohd Said SDPPs

JUDGMENT

Mohamed Dzaiddin CJ:

[1] 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 corpus for 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).

[2] 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.

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

[4] I shall deal with the issue of mala fides raised by Tuan Haji Sulaiman.

In The High Court

[5] The learned trial judge approached this issue by questioning whether the applicants have made out a case of mala fide against the respondent. In his Lordships view this requires a consideration of whether the detention was made in bad faith and not the sufficiency of the grounds of detention.

[6] The material parts

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