Habeas corpus is an order to bring a detainee before a judge or court to find out if that person should really be in jail.

The applicants are Seremban Jaya assemblyman M Gunasekaran, Gadek assemblyman G Saminathan, S Chandru, V Suresh Kumar and S Arivainthan, who were arrested between Oct 10 and 12.

Suresh Kumar is a councillor with a local authority in Melaka while Chandru is a businessman. Both are also DAP members.

Arivainthan is a technician at a factory in Kulim, Kedah.

A total of 12 people were arrested recently when police launched a crackdown on supporters of LTTE, who are accused of trying to revive the group.

In their individual applications, the five named their respective investigation officers, Bukit Aman’s anti-terrorism chief Ayob Khan Mydin Pitchay, the inspector-general of police, the home ministry and the government as respondents.

Lawyer Ramkarpal Singh, who is leading a legal team, said the applications were filed in the High Court here this afternoon.

“The applicants stated that their detention is unlawful as there was no strict compliance of Sosma and against the fundamental liberties as enshrined in the Federal Constitution,” he told reporters.

Ramkarpal, who is also the chairman of the DAP legal bureau, said a certificate of urgency would be filed to expedite the hearings.

He said all the five men were being held under Section 4(5) of Sosma, which provides for up to 28 days’ detention without trial.

Ramkarpal, who is also Bukit Gelugor MP, said he expected the hearings to be conducted before the expiry of the 28-day period.

“It is for the police to prove that their detention is lawful,” he said, adding that the five had denied any involvement in terrorism-related activities.

He said the applications were filed as there were no indications the five would be freed anytime soon.

“We are also mindful that the applications could become academic if police freed them before the 28-day period,” he added.