KUALA LUMPUR tribe 6 Kyodo Malays...

KUALA LUMPUR tribe 6 Kyodo

Malaysia's highest court rul Friday police had acted unlawfully in detaining five opposition leaders beneath a security law, nevertheless it stopped short of releasing them.

Chief arbiter Mohamed Dzaiddin Abdullah, who presided above a four-judge bench of the Federal Court, said the court unanimously institute the police acted in bad faith in arresting the five subject to the Internal Security Act (ISA) forward April 11 and 12 last year.

The law allows the police to authorize use of the ISA to detain a somebody for 60 days after which, permission from the family circle minister must be obtained for a further detention of sum of two units years, which is renewable indefinitely.

The five -- Mohamad Ezam Mohamad Nor, 34 Chua Tian Chang, 37 Hishamuddin Rais, 50 Saari Sungib, 43 and Raja Petra Raja Kamarudin, 49 -- were accused of planning to topple Prime Minister Mahathir Mohamad's rule through ''militant-style demonstrations.''

The following day, they appealed to the high court to free from danger their release on the basis their detention was done in bad faith.

The High Court dismissed their appeal April 25 last year.

All yet Raja Petra, who was released by means of the police in June last year, received a two-year detention order from the family circle Ministry.

The Federal Court hearing center upon their appeal against the 60-day detention according to the police. Dzaiddin said the parties would have to file a separate appeal against the two-year detention order from the ministry, which means they have to remain in detention.

In ruling for the opposition, Dzaiddin said despite the accusation of being a threat to national security, ''it is surprising to note from the appellants' affidavits that they were not interrogated onward the militant actions and neither were they questioned about getting explosives materials and weapons.''

He said the interrogations center more upon the detainees' political activities and for intelligence gathering. Their detention, he said was for ''ulterior designs and unconnected with national security.''

arbiter Siti Norma Yaakob said the police also violated the Constitution through denying the detainees access to legal counsel

save for Hishamuddin, all were members of the National Justice Party (Keadilan) l from Wan Azizah Wan Ismail, wife of jailed former representative Prime Minister Anwar Ibrahim.

Keadilan has accused the restraint of targeting the party in the crackdown and demanded evidence be shown that its party members were plotting a violent coup

Party insiders noted that those detained were instrumental in drawing the community to street demonstrations prior to their arrests.

highway demonstrations were unheard of until Anwar's sacking and after jailing in 1998.

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