Malaysia
GISBH CEO and wife’s habeas corpus application rejected, detention under Sosma upheld
Counsel Datuk Rosli Kamaruddin, when met by the media after the High Court earlier dismissed the habeas corpus application of GISB Holdings (GISBH) Sdn Bhd chief executive officer Nasiruddin Mohd Ali and his wife Azura Md Yusof. — Picture by Ben Tan

JOHOR BARU, Jan 14 – The High Court today dismissed the habeas corpus application of Global Ikhwan Services and Business Holdings (GISBH) Sdn Bhd CEO Nasiruddin Mohd Ali and his wife Azura Md Yusof, who are being detained under the Security Offences (Special Measures) Act 2012 (Sosma).

Judge Datuk Abu Bakar Katar, in delivering his decision, explained that when the habeas corpus application was filed on October 24, the couple were not under Sosma detention. Instead, they were under a valid Warrant of Detention issued by the Selayang Sessions Court.

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"The court is of the opinion that when the habeas corpus writ was filed, the applicants were not in wrongful or unreasonable detention. They were under a valid detention warrant, and the habeas corpus writ became academic,” the judge stated.

The respondents, represented by senior federal counsel Mohd Zain Ibrahim and a team of federal counsels, argued against the habeas corpus application. The applicants, led by Datuk Rosli Kamaruddin, Najib Zakaria, and several other lawyers, had filed for the writ, claiming that their clients’ detention was unjust.

Speaking to the media after the ruling, Rosli confirmed that the couple intends to appeal the decision to the Federal Court next week.

Rosli also highlighted that GISBH members eligible for bail under Sosma could seek the court’s discretion in granting bail. He referenced the case of GISBH accountant Hamimah Yakub, who was granted bail after being charged with membership in an organised crime group.

The habeas corpus proceedings for Nasiruddin and Azura were initially heard on October 30. The couple had named several authorities, including the Home Minister, Inspector-General of Police, Public Prosecutor, and the Directors of the Selangor and Kuala Lumpur State Prisons, as respondents.

Nasiruddin and Azura, along with 19 others, were charged under Act 130V(1) for allegedly being members of an organised criminal group operating in Bandar Country Homes Rawang, Selangor, from October 2020 to September 2024. The case, under Sosma, is now under the jurisdiction of the High Court.

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