KUALA LUMPUR: Lawyers for Liberty has welcomed the decision by the Kuala Lumpur High Court that section 13 of the Security Offences (Special Measures) Act 2012 (Sosma) is unconstitutional and ultra vires Articles 8 and 121(1) of the Federal Constitution.
Judge Mohd Nazlan Mohd Ghazali today further stated that this was because it divests from the courts the judicial discretionary power to evaluate whether to grant or refuse bail applications.
“This would not only mean that the judicial power to grant bail cannot be restricted or “prohibited, but the decision upholds the doctrine of the separation of powers between the executive, the legislature and the judiciary which is a fundamental feature in the basic structure of the Federal Constitution.
“This is well in line with the landmark 2017 Federal Court case of Semenyih Jaya Sdn Bhd v. Pentadbir Tanah Daerah Hulu Langat,” said Lawyers for Liberty Director, Melissa Sasidaran.
Her remarks came following the High Court ruling today, which allowed Gadek assemblyman G. Saminathan to apply for bail over a probe into his alleged involvement with terror group, Liberation Tigers of Tamil Eelam (LTTE).
Nazlan had ruled that Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma) was ultra vires to Articles 8 and 121 of the Federal Constitution.
Section 13 of Sosma stated that the court was prohibited from considering the granting of bail to a person charged for an offence under Chapter 6A of the Penal Code.
“The decision today, coupled with Chief Justice Tengku Maimun’s recent speech calling for judges to defend the principle of separation of powers, independence of the judiciary and to uphold the rule of law, augurs well for the future of Malaysia as a modern democratic country.
“We therefore call upon the Attorney General Tan Sri Tommy Thomas and the government to accept the decision and not to appeal against it, Melissa said.
Besides Saminathan, the others linked to the LTTE case who were not given bail are Seremban Jaya assemblyman P. Gunasekaran, 60; taxi driver V. Balamurugan, 37; postman, S. Teeran, 38; scrap metal trader A. Kalaimughilan, 28; a chief executive officer of a corporation, S. Chandru, 38; technician S. Arivainthan, 27; storekeeper S.Thanagaraj, 26; security guard M. Pumugan, 29; a national secondary school teacher in Telok Panglima Garang, Selangor, Sundram Renggan @ Rengasamy, 52; DAP member V. Suresh Kumar, 43, and businessman B. Subramaniam, 57.
