GISB CEO, wife lose habeas corpus appeal over Sosma detention
PUTRAJAYA: GISB Holdings Sdn Bhd chairman and chief executive officer Nasiruddin Mohd Ali and his wife, Azura Md Yusof, today failed in their habeas corpus (wrongful detention) appeal challenging their detention under the Security Offences (Special Measures) Act (Sosma).
Chief Justice Tun Tengku Maimun Tuan Mat, who led a three-judge Federal Court panel, rejected the couple's appeal, as applicants, after hearing submissions from lawyer Najib Zakaria and senior federal counsel Mohd Zain Ibrahim as respondent.
Tengku Maimun sat with judges Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera to hear the appeal of Nasiruddin, 66, and Azura, 58, after the Johor Baru High Court in January dismissed their habeas corpus application.
"This is our unanimous decision. We find no merit in this appeal.
"This appeal is dismissed. The High Court decision is affirmed," she said.
The other federal counsels were Mohamad Firdaus Sadina Ali, Nur Syahidah Mohamad Kamil and Nur Syafiqah Mohamed Yusoff.
Aside from Najib, the other lawyers were Datuk Rosli Kamaruddin, Hasnan Hamzah, Boestamam Ahmad, Muhammad Zaim Rosli, Lokman Zainal, Schanni Feizal and Shaharuddin Osman.
Aira Amira Anuar held a watching brief on behalf of the Malaysian Bar.
On Jan 14, judge Datuk Abu Bakar Katar ruled that the court believed the couple were not placed under detention under Sosma when they filed the notice of motion for the habeas corpus application on Oct 24 last year.
He had said the couple was detained under a valid warrant of arrest issued by the Selayang Sessions Court.
The judge had said the couple's applicants were under a valid arrest warrant, and as a result, the habeas corpus writ had become academic.
He had allowed the preliminary objection raised by the federal counsel.
In the application, the couple had named the Home Minister, the Inspector-General of Police, the Public Prosecutor, the Selangor and Kuala Lumpur Prisons Department directors as well as the government of Malaysia as respondents.
According to the application, an order is sought for a writ of habeas corpus to be issued to free them from the unlawful arrest and detention by the respondents.
On Feb 12, Nasiruddin along with 21 others claimed trial to being members of an organised criminal group under GISB Holdings.
They were accused of committing the offence under Section 130V(1) of the Penal Code between October 2020 and Sept 11, 2023 in Bandar Country Homes, Rawang.
On March 24, the Shah Alam High Court denied bail to Nasiruddin while Azura was granted a bail of RM40,000 in two sureties.
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