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Federal Court dismisses habeas corpus appeal by GISBH CEO and wife
Federal Court dismisses habeas corpus appeal by GISBH CEO and wife

The Sun

time15-05-2025

  • The Sun

Federal Court dismisses habeas corpus appeal by GISBH CEO and wife

PUTRAJAYA: The Federal Court today dismissed the appeal by Global Ikhwan Services and Business Holdings (GISBH) chief executive officer Datuk Nasiruddin Mohd Ali and his wife, Azura Md Yusof, seeking to have their habeas corpus application remitted to the High Court for a full hearing on its merits. Chief Justice Tun Tengku Maimun Tuan Mat, who chaired the three-member panel, delivered the unanimous decision, holding that the appeals were devoid of merit. The panel upheld the Johor Bahru High Court's decision to strike out the couple's habeas corpus application on the grounds that the matter had become moot. Also sitting on the Federal Court panel were Justices Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera. Nasiruddin, 65, and Azura, 58, had filed the application to challenge their detention under the Security Offences (Special Measures) Act 2012 (SOSMA). On Jan 14, the Johor Bahru High Court, presided over by Justice Datuk Abu Bakar Katar, struck out the couple's application after allowing the respondents' preliminary objection that the matter had become moot. The judge held that at the time the application was filed on Oct 24 last year, the applicants, Datuk Nasiruddin Mohd Ali and Azura Md Yusof, were no longer detained under SOSMA, but were instead held under a valid warrant of arrest issued by the Selayang Sessions Court. The respondents named in the application were the Home Minister, Inspector-General of Police, Public Prosecutor, Directors of the Selangor and Kuala Lumpur Prisons Departments, and the Government of Malaysia. The couple were initially arrested by the police on Sept 19 2024 and subsequently detained under the SOSMA on Oct 10 of the same year. They were among 22 individuals charged before the Selayang Sessions Court on Oct 23 last year for allegedly being members of an organised criminal group operating in Bandar Country Homes, Rawang, Selangor, between October 2020 and September 2024. Nasiruddin and Azura subsequently filed the habeas corpus application at the Johor Bahru High Court the following day, on Oct 24, 2024. During today's proceedings, their counsel Najib Zakaria, contended that the habeas corpus application remained relevant notwithstanding its academic nature, as it raised live legal issues warranting adjudication. However, senior federal counsel Mohd Zain Ibrahim, appearing for the respondents, submitted that the High Court had rightly struck out the application, as the appellants were no longer detained under the SOSMA at the material time. He further submitted that the appellants ought to have pursued the appropriate legal avenue by applying for bail, rather than appealing the dismissal of the habeas corpus application. Mohd Zain also informed the court that Azura has since been released on bail pending trial, whereas Nasiruddin's bail application was denied, with no appeal subsequently filed. Speaking to reporters outside the courtroom, Najib said they are exploring other legal avenues, including the possibility of applying to strike out the charges.

Federal Court dismisses habeas corpus appeal by GISB Holdings CEO, wife
Federal Court dismisses habeas corpus appeal by GISB Holdings CEO, wife

The Star

time15-05-2025

  • The Star

Federal Court dismisses habeas corpus appeal by GISB Holdings CEO, wife

PUTRAJAYA: The Federal Court has dismissed the habeas corpus appeal filed by GISB Holdings Sdn Bhd (GISBH) CEO Nasiruddin Mohd Ali and his wife, Azura Md Yusof. The two had filed an appeal challenging their detention under the Security Offences (Special Measures) Act 2012 (Sosma). The three-judge panel chaired by Chief Justice Tun Tengku Maimun Tuan Mat, decided on Thursday (May 15) that the application by Nasiruddin, 66, and Azura, 58, lacked merit. In the unanimous decision, she and Justices Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera said the court rejected their appeal. "This appeal lacks merit, the application is dismissed, and the decision of the High Court is upheld," she said. Nasiruddin and Azura filed the habeas corpus application naming the Home Minister, the Inspector-General of Police, the Public Prosecutor, the Director of Selangor State and Kuala Lumpur Prisons, and the Government of Malaysia as respondents. Previously, on Jan 14, the Johor Bahru High Court dismissed the couple's habeas corpus application. Judge Datuk Abu Bakar Katar stated that when the Notice of Motion for the habeas corpus application was filed on Oct 24 last year, the applicants were not under Sosma detention. He stated that the applicants were under a valid Detention Warrant issued by the Selayang Sessions Court. For the record, the Shah Alam High Court granted eight female defendants, including Azura bail. All eight were charged with being members of a criminal group. However, Nasiruddin and 12 other applicants on the same charge were not granted bail. Last October, Nasiruddin, Azura, and 19 others were charged at the Selayang Sessions Court, but no pleas were recorded from all the accused after the charges were read out, as the case falls under the jurisdiction of the High Court. According to the charges read separately, they were found to be members of an organised criminal group, Global Ikhwan Services and Business Holdings (GISBH), at a location on Jalan Desa, in Bandar Country Homes, Rawang, between October 2020 and 11 September 2024. The charges were filed under Section 130V(1) of the Penal Code, which carries a minimum prison sentence of five years and a maximum of 20 years if convicted.

GISB CEO, wife lose habeas corpus appeal over Sosma detention
GISB CEO, wife lose habeas corpus appeal over Sosma detention

New Straits Times

time15-05-2025

  • Politics
  • New Straits Times

GISB CEO, wife lose habeas corpus appeal over Sosma detention

PUTRAJAYA: GISB Holdings Sdn Bhd chairman and chief executive officer Nasiruddin Mohd Ali and his wife, Azura Md Yusof, today failed in their habeas corpus (wrongful detention) appeal challenging their detention under the Security Offences (Special Measures) Act (Sosma). Chief Justice Tun Tengku Maimun Tuan Mat, who led a three-judge Federal Court panel, rejected the couple's appeal, as applicants, after hearing submissions from lawyer Najib Zakaria and senior federal counsel Mohd Zain Ibrahim as respondent. Tengku Maimun sat with judges Datuk Abu Bakar Jais and Datuk Vazeer Alam Mydin Meera to hear the appeal of Nasiruddin, 66, and Azura, 58, after the Johor Baru High Court in January dismissed their habeas corpus application. "This is our unanimous decision. We find no merit in this appeal. "This appeal is dismissed. The High Court decision is affirmed," she said. The other federal counsels were Mohamad Firdaus Sadina Ali, Nur Syahidah Mohamad Kamil and Nur Syafiqah Mohamed Yusoff. Aside from Najib, the other lawyers were Datuk Rosli Kamaruddin, Hasnan Hamzah, Boestamam Ahmad, Muhammad Zaim Rosli, Lokman Zainal, Schanni Feizal and Shaharuddin Osman. Aira Amira Anuar held a watching brief on behalf of the Malaysian Bar. On Jan 14, judge Datuk Abu Bakar Katar ruled that the court believed the couple were not placed under detention under Sosma when they filed the notice of motion for the habeas corpus application on Oct 24 last year. He had said the couple was detained under a valid warrant of arrest issued by the Selayang Sessions Court. The judge had said the couple's applicants were under a valid arrest warrant, and as a result, the habeas corpus writ had become academic. He had allowed the preliminary objection raised by the federal counsel. In the application, the couple had named the Home Minister, the Inspector-General of Police, the Public Prosecutor, the Selangor and Kuala Lumpur Prisons Department directors as well as the government of Malaysia as respondents. According to the application, an order is sought for a writ of habeas corpus to be issued to free them from the unlawful arrest and detention by the respondents. On Feb 12, Nasiruddin along with 21 others claimed trial to being members of an organised criminal group under GISB Holdings. They were accused of committing the offence under Section 130V(1) of the Penal Code between October 2020 and Sept 11, 2023 in Bandar Country Homes, Rawang. On March 24, the Shah Alam High Court denied bail to Nasiruddin while Azura was granted a bail of RM40,000 in two sureties.

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