The Chief Executive Officer of GISB Holdings Sdn Bhd (GISBH), Datuk Nasiruddin Mohd Ali, has filed a habeas corpus application to contest his recent arrest under Malaysia's Security Offenses (Special Measures) Act 2012 (SOSMA). Joined by his wife, Datin Azura Md Yusof, and another applicant, Mohamad Suhaimi Mohd Sani, the petition was submitted at the Johor Bahru High Court. This legal move seeks to address what the applicants’ legal team argues is an unlawful arrest.
A team of defense lawyers led by Datuk Rosli Kamaruddin and including Najib Zakaria, Boestamam Ahmad, and Dorina Abdullah filed the habeas corpus application on behalf of Nasiruddin, his wife, and Suhaimi. Named as respondents in the application are the Malaysian Home Affairs Minister, the Inspector General of Police, the Public Prosecutor, the Selangor State Prison Director, the Director for the Kuala Lumpur Region, and the Malaysian government. The applicants argue that their detention under SOSMA is unjustified and request their immediate release through a writ of habeas corpus. This legal writ is often employed to secure relief for individuals detained without lawful justification.
The Johor Bahru High Court has set December 4 for the habeas corpus hearing, which will provide an opportunity for both parties’ legal teams to argue their cases. Federal Attorney Mohamad Firdaus Saidani Ali is representing the respondents, along with a team of lawyers from the Malaysian Bar Council, including R Jayabalan, Fadhil Ihsan Mohamad Hassan, and Khairul Azwad, who are observing the case for public interest.
Outside the courtroom, defense attorney Datuk Rosli Kamaruddin emphasized that additional affidavits will be submitted to bolster the habeas corpus application ahead of the hearing. Rosli also confirmed that similar applications are expected to be filed in other Malaysian courts, specifically in Selangor and Kuala Lumpur, as the investigation and alleged offenses span multiple locations, including GISBH business premises in Johor Bahru. He reiterated that the defense team is exercising the applicants' legal right to contest their arrest and the organized crime charges they face.
The legal battle for Nasiruddin and his co-applicants follows their recent appearance at the Selayang Sessions Court, where they, along with 19 others, faced charges under Section 130V (1) of the Penal Code, which pertains to organized crime. The charges allege that from October 2020 to September 11, 2024, the group engaged in criminal activities at a specific location in Bandar Country Homes Rawang. Due to the case’s categorization under SOSMA, which addresses national security offenses, it falls under the jurisdiction of the High Court, with no pleas recorded at the Sessions Court level.
This habeas corpus filing by the GISBH CEO and his associates comes amid heightened scrutiny surrounding the application of SOSMA, a law intended to curb serious security threats but often criticized for its perceived heavy-handedness in detaining individuals without standard judicial oversight. The upcoming December 4 hearing is expected to spark further discussion about the use of SOSMA in cases where accusations are linked to organized crime rather than direct threats to national security.
Information Source: Sinar Harian
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