Court Strikes Out Habeas Corpus Application By Saudi Arabian Columnist

KUALA LUMPUR, Feb 22 (Bernama) -- The High Court on Wednesday struck out a habeas corpus application filed by Saudi Arabian columnist Hamza Kashgari Mohamad Najeeb to determine that his arrest and deportation from Malaysia to Saudi Arabia was unlawful. Judge Rohana Yusuf made the decision in chambers after meeting Hamza Kashgari's lawyers N. Surendran and Fadiah Nadwa Fikri and senior federal counsel Kamaluddin Md Said and Amir Nasruddin, who represented the respondents. In the habeas corpus application, Hamza Kashgari, 23, who is alleged to have insulted Islam and Prophet Muhammad, had named the Inspector-General of Police, the Immigration Director-General, the Home Minister and the Malaysian government as the respondents. Surendran, when met by reporters, said the court made the ruling after allowing a preliminary objection raised by the respondents. He said the court struck out the application on the grounds that the issue of habeas corpus has become academic as Hamza Kashgari is no longer in the country. "We will file an appeal as soon as possible against the decision today," he said. Hamza Kashgari's lawyers filed the habeas corpus application on Feb 13 for the determination that his arrest and deportation from Malaysia to Saudi Arabia was unlawful. In the notice of motion, Hamza Kashgari, among others, sought a writ of habeas corpus for an order for him to be brought to court for the habeas corpus trial. Hamza Kashgari's friend, Asma' Abdul Razak, 31, in a supporting affidavit, said that on Feb 4, Hamza Kashgari had posted a series of tweets in conjunction with Prophet Muhammad's birthday, but that they were deleted the following day from his Twitter account. She said that on Feb 8, the Saudi Arabian authorities issued a warrant of arrest for Hamza Kashgari for allegedly insulting the Prophet, an offence which carries the death sentence in the kingdom upon conviction. Asma' said Hamza Kashgari was also declared an apostate by the Saudi Arabian religious authority. Hamza Kashgari was arrested on Feb 9 at the KL International Airport in Sepang and was deported to Saudi Arabia on Feb 12. -- BERNAMA