The five activists of the Hindu Rights Action Force were arrested on Dec 13, 2007 under the controversial Internal Security Act for organising an unprecedented public protest against alleged marginalisation of the ethnic Indian community in Malaysia.

The activists took the case to the Federal Court as a last resort after failing to get the previous panel of the same court to release them.

In an unanimous decision, Nik Hashim Nik Ab Rahman and two other judges along with him ruled that the motion filed by the five was not fit for review.

“Whether the decision is right or wrong, it is not for this court to determine. If we make an attempt to do so, it will lead to another appeal and we are not prepared to do so.

Thus, we dismiss the motion for review,” he said.

The activists will remain in jail for two years under the ISA and the government will review the case after the detention period ends.