Judges allowed to consider bail applications in terrorism cases

Updated 4 years ago · Published on 29 Nov 2019 11:47AM · 1 Comments

The high court today has decided to allow the constitutional challenge brought by Malacca executive councillor G. Saminathan, who is charged under Security Offences (Special Measures) Act 2012 (Sosma). – EPA file pic, November 29, 2019.

JUDGES now consider bail application in terrorism-related cases, the high court said today, during a constitutional challenge by a state lawmaker.

Judge Mohd Nazlan Mohd Ghazali said as an independent arm of the government, the judiciary is responsible to check any excesses by the legislature and executive.

“The principle of separation of powers is a hallmark of a modern state.”

He said after allowing the constitutional challenge brought by Malacca executive councillor and Gadek assemblyman G. Saminathan, who was charged with supporting the Liberation Tigers of Tamil Eelam (LTTE) group, under Security Offences (Special Measures) Act 2012 (Sosma).

He added that Section 13 of Sosma is ultra vires Articles 8 and 121 of the federal constitution.

Sosma limits the power of judges to offer bail only to certain categories of detainees.

Saminathan is represented by Ramkarpal Singh.

Among those seen in court today are DAP adviser Lim Kit Siang, Klang MP Charles Santiago, Kota Melaka MP Khoo Poay Tiong dan Malacca deputy speaker Wong Fort Pin.

On November 1, sessions court judge Rozina Ayob ruled that there was merit in the application made by the defence under Sosma to refer constitutional matters concerning bail to the high court.

On October 31, Saminathan and 11 others claimed trials for possessing and supporting LTTE via their social media accounts – Facebook and YouTube.

The 11 others are V. Balamurugan, 37; postman, S. Teeran, 38; scrap metal trader A. Kalaimughilan, 36; security officer M. Pumugan, 29; Malacca Green Technology Incorporated chief executive officer S. Chandru, 38; teacher R. Sundra, 52; technician S. Arivainthan, 27; storekeeper S. Thanagaraj, 26; Seremban Jaya assemblyman P. Gunasekaran, 60; and two DAP members V. Sureshkumar, 43 and B. Subramaniam, 57.

They were charged in separate sessions courts on October 29 and 31 with allegedly having links with LTTE. – November 29, 2019.

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Comments

  • Is there any Judge in Malaysia who will stand up against the tyranny of the majority in invoking this law that is by itself a crime against humanity. How can you arrest someone at the behest of the executive( simple signature of a paper) and then detain that individual without a trial? Why have Judges-let us so away with the Judiciary. Judges in Malaysia have become redundant. When a politician like DR M or his merry men are arrested under the same provisions, they will come out screaming the same arguments. It is a shame that Malaysia is going down the drain.

    Posted 4 years ago by Elizaberth Stanley · Reply