Washington: In a setback to the Bush administration, two US courts have rebuffed the post 9/11 legislation, which gives the Government unprecedented powers to arrest and detain suspects, by ruling that the military cannot deny detainees access to lawyers or the American courts.

A Federal appeals court in California ruled that a detainee at the US Naval base at Guantanamo Bay (Cuba) should be given access to lawyers and American legal system.

The court yesterday (Dec 18, 2003) held open that possibility for all 660 alleged al-Qaeda and Taliban fighters detained there.

The White House said the ruling was inconsistent with the President's Constitutional authority as well as with other court rulings.

The US Court of Appeals for the 2nd Circuit in New York, in a two to one ruling, gave the administration 30 days to release Jose Padlla, who allegedly plotted to explode a radioactive "dirty bomb".

He has been confined to a South Carolina brig without access to an attorney for 19 months.

The White House said that the ruling is "troubling and flawed" and the Government will appeal against it.

PTI