Bersih 2.0 chairperson Maria Chin Abdullah’s appeal seeking the Federal Court to decide on the legality of her detention under the Security Offences (Special Measures) Act 2012 last year was dismissed today.
A five-man panel of the Federal Court, led by newly appointed Chief Judge of Malaya Tan Sri Ahmad Maarop, unanimously dismissed her appeal with regard to her habeas corpus application over her 10-day detention under Sosma.
Maria, 60, was released on Nov 28, last year after 10 days in detention, although the remand order was for 28 days.
Her habeas corpus application was struck out by the High Court on Nov 29 last year, a day after her release, on grounds that she was no longer in detention.
Judicial Commissioner Datuk Nordin Hassan held that the court did not have the jurisdiction to decide on the merits of her application as the respondents she did not file any affidavit-in-reply to her detention.
Maria however pursued her appeal against the High Court dismissal of her habeas corpus application as she wanted the court to determine the validity of her detention and claim for damages.
Today, Justice Ahmad ruled that her appeal did not have merits and said the court would give their written judgment at a later date.
Sitting with Justice Ahmad were Federal Court judges Tan Sri Zainun Ali, Tan Sri Azahar Mohamed, Tan Sri Zaharah Ibrahim and Datuk Balia Yusof Wahi.
Maria filed the habeas corpus application on Nov 22, last year, among others sought for her release from Sosma detention.
She named Bukit Aman Classified Crimes Investigation Unit head Supt Tham Lai Kuan, the Inspector-General of Police, the Home Minister and the Government of Malaysia as respondents.
Maria was detained at her office on Nov 18, a day before the Bersih 5 rally.
The Federal Court, earlier today, heard submissions by Maria’s counsel Datuk Dr Gurdial Singh Nijar who argued that the application was not academic as there was ‘live’ issue to be decided by the court on the legality of her detention and claim for damages.
Deputy public prosecutor Mohd Abazafree Mohd Abas, appearing for the respondents, submitted that there was no issue for the court to allow her application as the matter was academic since Maria had been released.
Source : @ Bernama