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THE Federal Court has dismissed an appeal by Global Ikhwan Services and Business Holdings (GISBH) chief executive officer Datuk Nasiruddin Mohd Ali and his wife Azura Md Yusof to have their habeas corpus application returned to the High Court for a full hearing.
Delivering the unanimous ruling, Chief Justice Tun Tengku Maimun Tuan Mat said the appeal was without merit, affirming the Johor Bahru High Court's earlier decision to strike out the application on the grounds of mootness.
“The court finds no merit in the appeal,” said Tengku Maimun, who chaired the three-member panel, which also included Justices Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera.
The High Court had ruled that at the time the application was filed on 24 October 2024, the applicants were no longer detained under the Security Offences (Special Measures) Act 2012 (SOSMA), but instead held under a valid remand order issued by the Selayang Sessions Court.
Nasiruddin, 65, and Azura, 58, had initially been arrested on 19 September 2024 and were held under SOSMA from 10 October. They were later charged with 20 others on 23 October for allegedly being members of an organised criminal group operating in Bandar Country Homes, Rawang, Selangor between 2020 and 2024.
Their habeas corpus application named the Home Minister, Inspector-General of Police, Public Prosecutor, prison directors in Selangor and Kuala Lumpur, and the Malaysian Government as respondents.
During today’s hearing, counsel for the appellants, Najib Zakaria, argued that the matter raised substantive legal questions that warranted adjudication, even if the detention under SOSMA had ended.
However, senior federal counsel Mohd Zain Ibrahim maintained that the application was rightly dismissed as the couple were no longer under SOSMA detention when it was submitted. He added that the appellants should have pursued bail instead.
Mohd Zain also confirmed that Azura has since been released on bail pending trial, while Nasiruddin’s bail application was denied and no appeal has been filed against that decision.
Speaking to reporters after the verdict, Najib said they are considering further legal options, including an application to strike out the charges. - May 15, 2025