15 detainees have obtained their habeas corpus orders. Their lawyers served the court order to the officer in charge of Simpang Renggam detention camp. The detainees would have to be set free accordingly. There was heavy presence of police in front of the detention camp. Things turned chaotic and 8 of detainees were re-arrested.
It is the history repeats itself.
A few months ago, Tee Yam obtained the habeas corpus order. He wanted to leave the camp but worried that the police with re-arrested him. His lawyer sent the notice to the media. The reporters waited outside the camp for two days. Tee Yam had a short-live freedom before rearrested by the police. His lawyer threatened to file a contempt of court suit against Inspector General of Police. Within a few days, the Police released him.
The same episode happened to Karpal Singh in 1989. He walked out from Kamunting Detention camp after successfully obtained the habeas corpus order. While he was on the way back to his home in Penang island, the police re-arrested him in Nibong Tebal.
Abdul Ghani Haroon can be considered an exception. In the case of Abdul Ghani Haroon (2001), Hishamuddin J invoked S25(2) of the Courts of Judicature Act 1964 read with para 1 of the Schedule to make a further order that the police be restrained from rearresting the applicants at least for a period of 24 hours.
His Lordship wrote: "The purpose of the order, argued counsel, is not only to give fruits to my judgment earlier in the morning but also on humanitarian grounds since the families of the applicants were then still outstation and were on their way from Penang and Kedah to Shah Alam to meet the applicants."
In short, the re-arrest episode which happened outside Simpang Renggam camp was a grave injustice. Police has made a mockery to the habeas corpus order issued by the High Court.
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