KUALA LUMPUR, MALAYSIA - FIVE Hindu activists, including one elected to parliament from behind bars, will stay in detention under Malaysia's harsh internal security laws after a court on Monday ruled against freeing them.

The five, arrested after organising an illegal rally in November 2007 which police used tear gas, water cannon and batons to break up, will remain in custody indefinitely under Malaysia's colonial-era Internal Security Act (ISA).

A ruling by the High Court in Ipoh refused an application for the five men from the Hindu Rights Action Force (Hindraf) to be set free, state news agency Bernama reported.

Lawyers for the group wanted the five to be charged in court or at least released into the custody of their families.

One of the activists, lawyer M. Manoharan, was nominated as a candidate by an opposition party in the watershed March 8 general election. He won his seat with a convincing majority despite being locked up throughout the election campaign.

The opposition made unprecedented gains in that election, winning five of Malaysia's 13 states and coming within 30 seats of taking control of the 222-member parliament.

It is now seeking to take power under the leadership of former deputy prime minister Anwar Ibrahim, who says he can win over 30 MPs to take power on Sept 16.

Ethnic Indians make up 7 per cent of Malaysia's 26 million population and, like ethnic Chinese, have expressed growing resentment against decades-old government policies giving majority Muslim-Malays preferential treatment.

Malaysia has long been wary of anything that might upset racial harmony in the multicultural and relatively prosperous Southeast Asian nation. -- REUTERS