KUALA LUMPUR: Two leaders of Hindu Rights Action Force (Hindraf), who are detained under the Internal Security Act (ISA), have filed their habeas corpus (wrongful detention) application at the High Court here for their release.
Lawyer Karpal Singh filed the application on behalf of Hindraf legal adviser P. Uthayakumar and its co-ordinator K. Vasantha Kumar. He filed at the High Court (criminal) registry at about noon Friday.
They named the Internal Security Minister and the Kamunting Detention Centre’s superintendent as respondents
In the affidavit, P. Waytha Nayagi, who affirmed the document to support the application for her brother Uthayakumar, said his arrest in Bangsar last Thursday and continued detention was unconstitutional and unlawful.
Waytha Nayagi, 41, said there had been contravention of the provisions of the Federal Constitution and non-compliance with the provisions of rules of Internal Security (Advisory Board Procedure) Rules 1972.
She said the allegations against her brother were groundless and asked the court to declare the detention order null and void.
She applied for him to be brought to the court and released forthwith.
In a notice of motion Waytha Nayagi also asked for any order deemed fit by the court.
In the other habeas corpus application, K. Vickneswary, wife of Vasantha Kumar, affirmed an affidavit for the purpose.
Vickneswary, 35, said her husband's arrest in Brickfields last Thursday was not in accordance with law and illegal.
She said the minister had acted mechanically and prematurely and that the allegations of fact against her husband were baseless and that his continued detention was unconstitutional and unlawful.
She applied for him to be brought to the court and be set at free as well as any further order deemed proper by the court.
Speaking to reporters later, Karpal Singh said:
"We are serving the papers of four applicants (lawyers M. Manoharan, V. Ganabatirau, Uthayakumar and former senior executive Vasantha Kumar) to the minister so that they will be ready for the hearing at High Court on Wednesday before Judicial Commissioner Zainal Azman Abdul Aziz," he added.
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