High Court strikes out Maria Chin’s habeas corpus application

KUALA LUMPUR: The High Court yesterday dismissed the habeas corpus application filed by Bersih 2.0 chairman, Maria Chin on her detention under the Security Offences (Special Measures) Act 2012 (SOSMA).

Judicial Commissioner Datuk Nordin Hassan made the decision after finding the court had no need to hear the application following the release of Maria from SOSMA detention yesterday.

As such, the habeas corpus application has been cancelled. Datuk Nordin Hassan,Judicial Commissioner

He said the court had no jurisdiction to decide on the merits of the application as the respondent did not not file any affidavit-in- reply to the detention of Maria, not to mention making a decision on compensation sought by the lawyer.

“As such, the habeas corpus application has been cancelled,” said Nordin, who also announced that the court had received a letter from the Home Ministry’s legal advisor on the release of Maria, yesterday.

Earlier, counsel Gurdial Singh Nijar, who represented Maria, argued that even though Maria had been released yesterday, the applicant was still questioning whether the detention was wrong in law and as such was seeking compensation on the detention of his client under SOSMA.

Senior Federal Counsel Mohammad Al- Saifi Hashim, representing all respondents, in his argument, said the habeas corpus application filed by Maria was no longer an issue and the matter was academic as the applicant had been released.

“The issue of compensation should be proved and not just by the submission of affidavits,” he said.

Maria, 60, filed the habeas corpus application on Nov 22, naming the Bukit Aman Classified Crimes Investigation Unit head Superintendent Tham Lai Kuan, the InspectorGeneral of Police, the Home Minister and the Government of Malaysia as respondents.

Maria also sought an order for her immediate release, to be brought to court during the application hearing and not to be arrested or detained again after her release as well as an order not to impose any contraints on her under SOSMA.

Maria’s eldest son, Azumin Mohamad Yunus, 23, in his supporting affidavit, said his mother was arrested when she was in her office at Block A, 8 Avenue Business Centre, Petaling Jaya at 3.10 pm on Nov 18, one day before the Bersih 5.0 rally.

Meanwhile, Maria, who was present in court today, told reporters she would be filing for an appeal against the decision of High Court today, soon.

Maria also announced she had received a threat written on a note ‘Last Warning, If Not R.I.P Marina & Family’ with an envelop containing a 0.45mm bullet placed on her office table in Petaling Jaya and said she would be making a police report soon. — Bernama