KUALA LUMPUR, Malaysia (CNN) -- An application for the release of Anwar Ibrahim was rejected Wednesday when a judge refused to accept the ousted deputy prime minister would not face a fair trial.

Anwar's lawyers claimed the judiciary was tainted by an overwhelming government conspiracy against their client and that police failed to follow procedure when arresting him.

Anwar, scheduled to stand trial Monday on 10 counts of corruption and homosexual activity, was arrested September. 20 under the Internal Security Act after rallies during which he called for the resignation of Prime Minister Mahathir Mohamad.

The Security Act allows indefinite detention without trial if suspects are deemed a threat to national security.

Anwar has since been released from under the law and moved to a regular prison.

But his attorneys said police failed to follow the proper procedures during his arrest so, in effect, he remained detained under the Security Act.

"Every possible law that can broken is being broken," defense attorney Haji Sulaiman told the judge. "Every possible authority that can be misused has been misused."

Prosecutors said that since Anwar was no longer being held under the Act, the habeas corpus ruling on whether he was illegally detained was moot and his criminal trial should go ahead as planned.

Anwar was sacked on September 2 from his posts as deputy prime minister and finance minister, after Mahathir deemed his deputy morally unfit to lead the country.

Anwar was then jailed and charged with corruption and illegal homosexual acts. He has pleaded innocent to all the charges, which he says were trumped up by his political enemies to undermine his challenge to Mahathir's 17-year leadership.

His defense attorneys told High Court Judge Wahab Patail that the upcoming trial was already tainted.

"There has been a conspiracy right from the beginning," said Sulaiman. "The taint of illegality continues throughout."

Sulaiman said police violated Anwar's constitutional rights by not allowing him to speak to his attorneys after his arrest and by not taking Anwar to court to be charged within 24 hours.

He said that Anwar's sacking, expulsion from the ruling party and alleged sexual misconduct, described in affidavits and slapped across the front pages of the government-backed newspapers, were indications of a "high-level conspiracy."

He also said repeated comments by Mahathir about Anwar's case would influence the outcome of the trial.

But in dismissing the application, the judge threw out these submissions.

In another development, Judge Wahab said he needed to rule on whether he himself was fit to hear the case, as his brother was a prosecutor in the Anwar case.

On Tuesday, Anwar denounced the use of force by the police to break up anti-government protests and renewed his call for Mahathir to resign. "Do not use police power and might to kick the people," Anwar said in a statement read at a news conference by his wife, Wan Azizah Wan Ismail.

Twelve protesters and two policemen were injured in the clashes in the capital on Saturday. Police arrested at least 241 people from a crowd of about 2,000, and several were seen bleeding as they were taken away.

"What the police have done is really unthinkable, it is worse than the proletarian regime," said Azman Ismail, whose two elder brothers, aged 46 and 53, were detained.

Azman alleged that his 46-year-old brother had been given a black eye after his arrest, just like Anwar. "I am happy because he is now in the same league as Anwar."

The adopted brother of Anwar, convicted of allowing Anwar to sodomize him, asked a Malaysian court on Tuesday to order his release from prison. Lawyers for Sukma Darmawan filed a writ of habeas corpus with the Kuala Lumpur High Court asking for his release, the national Bernama news agency said.

Sukma, 37, and Anwar's 51-year-old former speechwriter Munawar Anees were sentenced to six months in jail in September after pleading guilty to allowing themselves to be sodomised by Anwar.

However, the two later decided to retract their guilty pleas and appeal against the convictions on grounds that the pleas had not been voluntary.

The Associated Press and Reuters contributed to this report.