“I do not think the matter has become academic, even though the five have been prosecuted,” Ramkarpal Singh told FMT when asked if his clients would withdraw the applications since they were charged this week.

The applications were scheduled to be heard before judicial commissioner Mohamad Shariff Abu Samah today. However, this has been postponed to Nov 5.

Seremban Jaya assemblyman M Gunasekaran, Gadek assemblyman G Saminathan, S Chandru, V Suresh Kumar and S Arivainthan filed the applications on Oct 21 following their arrests between Oct 10 and 12.

They are seeking their release from detention under the Security Offences (Special Measures) Act 2012 over alleged links to the now-defunct Liberation Tigers of Tamil Eelam (LTTE) group.

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

They said their detention was unlawful as there was no strict compliance with Sosma, and against the fundamental liberties enshrined in the Federal Constitution.

Earlier today, Gunasekaran, Saminathan, Suresh and B Subramaniam were charged with promoting terrorism, either through speeches or promoting LTTE through social media from 2014 until this month.

Eight others – A Kalaimughilan, Chandru, V Balamurugan, Arivainthan, R Sundram, S Thangaraj, M Pumugan and S Teran – were slapped with an additional charge of possessing items linked to the group.

All except Subramaniam and Sureshkumar were charged with similar offences in five states on Tuesday. They face jail of up to 30 years or life imprisonment if convicted.