THE government should not appeal a recent court decision to grant bail to a detained state lawmaker if it is committed to repealing a preventive detention anti–terror law, said lawyer and prominent human rights campaigner S. Ambiga.

“My strong suggestion on Sosma to show they are serious about amending it, is to not appeal the High Court’s decision to allow bail (for G Saminathan),” Ambiga said told reporters on the sidelines of the Malaysian Human Rights Commission’s (Suhakam) human rights day celebration in Kuala Lumpur today.

She was referring to the Malacca state representative from DAP who had been detained under Sosma, the acronym for the Security Offences (Special Measures Act) 2012.

Saminathan, along with 11 others had been detained under the act, which allows for detention without trial or appearance in court for up to 28 days, for allegedly supporting the defunct Sri Lankan militant group the Liberation Tamil Tigers of Elam.

Sosma detainees are also usually not afforded bail but the High Court had in Saminathan’s case ruled that this was unconstitutional.

The judge in that case had ruled that the Sosma provision, which disallowed bail, violated the principle of the separation of powers between the judiciary and the executive. 

In her presentation during a human rights forum today, Ambiga said the government should be confident in the court’s ability to determine the appropriateness of bail.

“The government must have the confidence that the courts will know what they are doing and that they can decide which cases should be granted bail and which should not,” she said.

She said the 12 detainees had been let down and believes that their detention under Sosma is based on frivolous grounds.

“These 12 had fought so hard for this government to win the general election and now they are languishing in jail under Sosma.”

Some Pakatan Harapan leaders have also slammed the police’s use of Sosma against the 12, with holding views that the arrests were retaliation for criticising preacher Zakir Naik, while others said it was the work of elements of the deep state within the police.

PH, in its election manifesto, had promised to repeal draconian laws including Sosma. De facto law minister Liew Vui Keong said last month the government would review, and not repeal, Sosma. – December 10, 2019.