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HINDRAF leader's detention violates Malaysian law, says lawyer

thecheers.org    2007-12-15 05:52:01    

Ipoh (Malaysia), Dec.15 : A lawyer representing HINDRAF leader M. Manoharan has objected to the unconstitutional detention of his client under the country's Internal Security Act (ISA).
A lawyer representing HINDRAF leader M. Manoharan has objected to the unconstitutional detention of his client under the country's Internal Security Act (ISA).

DAP National Chairman Karpal Singh said the detention order was not done in accordance with Section 73 of the ISA, which required police investigations and recommendations to be given to the Internal Security Minister 60 days before such an order is issued.

"For the first time in the legal history of the ISA in Malaysia, a two-year detention order has been issued against a detainee without the initial 60-day period. The order made by the Minister is defective," The Star quoted Karpal Singh, as saying.

The writ was filed before the Ipoh High Court on Friday, which fixed December 19 (Wednesday) as the next date of hearing.

Malaysia's Internal Security Minister and the head of the Kamunting detention camp have been named as respondents in the petition.

Manoharan was detained at 2 p.m. on Thursday in Kuala Lumpur and placed under detention for two years.

The order was handed to his wife V.N.S Pushpaneela when she visited Manoharan at the Kamunting detention camp in Taiping yesterday.

Manoharan and V. Ganabatirau, who are DAP members, are among five Hindu Rights Action Force (HINDRAF) leaders who were detained under the ISA on Thursday.

The others are lawyers' P. Uthayakumar and R. Kenghadharan, and HINDRAF coordinator T. Vasanthakumar.

Karpal Singh was denied entry to visit the detainees.

The detention order against Manoharan states that since October 6, 2007, he had willingly played an active part in the unregistered HINDRAF and had acted as its leader and legal adviser.

The order further states that HINDRAF had conducted activities that threatened the security of the country by holding illegal gatherings, handing over of memoranda and forums.

Those activities could incite racial sentiments and hatred against the Government among the Indians.

The order also cited seven incidents in October and November when Manoharan was said to have taken part in those activities deemed to be a threat to national security and inciting racial sentiments among Indians. (ANI)
© 2007 ANI

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