On 25 June 2011 at 4:30 pm Six Parti Sosialis Malaysia members were arrested by Kepala Batas Police at the Sungai Dua toll plaza of the North-South Expressway at Kepala Batas, Penang along with 24 other PSM activists. The names of the six are: 1.\tMr. Michael Jeyakumar Devaraj 2.\tMs. Sarasvathy Muthu 3.\tMr. Choo Chon Kai 4.\tMr. Sarat Babu 5.\tMr. Sukumaran A/L Munisamy 6. Mr. Sukumaran A/L Munisamy The group of 30 was travelling by bus heading to Penang to distribute leaflets of the campaign called "Udahlah... Bersaralah BN" (Enough, Retire now BN). They were pulled off their bus and brought to the Kepala Batas Police Station in North Seberang Perai where they were detained and investigated under Section 122 of the Malaysian Penal Code for allegedly intending to "wage war against the King". 2 July 2011 All 30 detainees were released from their 7 days remand at the Kepala Batas Police station, Penang. However, six PSM activists were immediately re-arrested at 1.20pm by Bukit Aman special branch officers, just outside the station under Section 3(1) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 (EO) related to public order, after the earlier accusation was dropped. For this arrest, there was no warrant. The six were only given a written notice after they were re-arrested by Bukit Aman. The notice was issued by the Crime Investigation Department of Bukit Aman. Under the EO the police have the power to hold detainees for 60 to prevent any person from acting in a manner "prejudicial to public order", or to suppress violence or crimes involving violence. After the first 60 days of detention period, the Home Minister can authorize the extension of detention without trial for up to two years that is renewable. Initially, the six PSM activists were suspected of "waging war" against the King under Section 122 of the Penal Code. Later, they were detained under Section 3(1) of the EO for allegedly threatening public order. The police claimed that the six PSM activists were trying to revive the communist ideology in Malaysia. 22 July 2011 The Kuala Lumpur High Court postponed the hearing of the habeas corpus application filed by six PSM members to 5 August 2011. Justice Su Geok Yiam claimed that it is due to allow time for the prosecutors to file its affidavits, Justice Su said she was bound by the Federal Court ruling to give parties time to reply to the affidavits, filed by the lawyers of the six PSM activists. Justice Su ordered the respondents who are the Malaysian government along with the Home Ministry and the Inspector-General of Police, to file their reply by 1 August 2011. During the proceedings, Justice Su asked Mr. Sulaiman Abdullah, a lead counsel of lawyers, whether they intended to withdraw the 15 affidavits before the hearing begin. Mr. Sulaiman Abdullah claimed that there was no need for the respondents to reply for the affidavits. However, Senior Federal Counsel Mr. Othman Yusof told the court that they have to submit an affidavit in reply in response to the claims made. He said that they should be given an opportunity to reply and he applied a period of three weeks to be given. According to police affidavits served on 19 July 2011 in reply to the habeas corpus application, the six were arrested for being involved as "movers and activists" to a non-registered entity known as Bersih 2.0 in encouraging the public to attend the rally on 9 July 2011. 6 July 2011 The six filed a habeas corpus application and requested their immediate release. The High Court will hear the habeas corpus application on 22 July 2011. In the habeas corpus application, the six detainees name the Inspector-General of the Police, the Home Minister and the Government of Malaysia as respondents. The health condition of one of the detainees, Mr. Michael Jeyakumar Devaraj, deteriorated in detention. On 28 June 2011, he was rushed to the Penang General Hospital over his heart condition. On 9 July 2011, after complaining of heart palpitations, he was taken to Institut Jantung Negara (IJN). It is suspected that his condition is due to the long hours of interrogations by the Police Special Branch. 29 July 2011 The six PSM members were released unconditionally at 5.30pm from the Jinjang Police station in Kuala Lumpur. They were detained without trials under section 3(1) of the EO since 2 July 2011. 3 August 2011 The six were charged at the Butterworth Session Court under section 48(1) of the Societies Act with possessing documents for an illegal assembly and section 29(1) of the Internal Security Act (ISA) with being in possession of subversive documents. The Butterworth Sessions Court judge Kamal Hisham Mohd Tajuddin set bail at RM 8,000 (USD 2,700) each. Their trial has been fixed for hearing from 10 to 14 October 2011. 19 September 2011 The lawyers representing the six PSM members and 24 PSM activists arrested on 25 June 2011, announced that they had received an email from Mr. Jamil Bin Aripin, Deputy Public Prosecutor on behalf of the Attorney General. The email stated that all 30 charged PSM activists, including the six PSM members, are to be discharged not amounting to acquittal (DNNA) on both charges. This means that the six PSM members are no longer charged under section 48 (1) of the Societies Act and section 29 (1) of the Internal Security Act and the 24 PSM activists are no longer charged under sections 43 and 48 (1) of the Societies Act and section 29 (1) of the Internal Security Act. This however does not amount to acquittal and they can be charged for the same offence in the future. 10 October 2011 During a hearing in the Butterworth Session Court, 24 PSM activists charged under sections 43 and 48 (1) of the Societies Act and section 29 (1) of the Internal Security Act were given a discharge not amounting to acquittal (DNAA). This means that prosecution based on the same facts can still take place in the future. The decision for the six remaining PSM activists who were detained for 28 days is deferred to 28 October 2011.