THE 12 men detained for alleged links to the defunct Liberation Tamil Tigers of Elam (LTTE) should be released now that investigation have been completed, said lawyer Ramkarpal Singh. 

The Bukit Gelugor MP in a statement said they should be released on bail pending trial, which should be done under the Criminal Procedure Code (CPC). 

The 12 are currently still being held under the Security Offences (Special Measures) Act 2012, which allows them to be detained for 28 days.   

Bukit Aman Special Branch counter-terrorism division principal assistant director Ayob Khan Mydin Pitchay today said investigation papers on the 12 have been submitted to the Attorney-General’s Chambers (AGC). 

“In light of the above, there is no need for the detainees to be further detained, although they have been remanded for a period of 28 days under Sosma,” Ramkarpal said.

“No doubt, they can be charged for an offence under the Penal Code read with Sosma, whereby bail can be refused.

“I, however, urge the attorney-general to charge them in accordance with the Criminal Procedure Code and offer them bail if he is of the view that there is sufficient evidence against them.

“Refusing them bail serves no useful purpose as they are only suspected of committing an offence at this stage. 

“Furthermore, two of the said detainees are elected representatives and denying them bail pending trial would result in them being unable to serve their constituents,” he said.

On October 10, the Special Branch Counterterrorism Division apprehended seven of the 12 on suspicion of promoting, supporting, channelling funds to and possessing materials related to the LTTE.

Two of them – G. Saminathan and P. Gunasekaran – are DAP assemblymen from Malacca and Negri Sembilan.

The seven were detained in Selangor, Perak, Kedah, Negri Sembilan, Malacca and Kuala Lumpur.

Two days later, five more men were picked up on the same charge in Penang, Malacca and Selangor. 

Earlier this week, five of the 12 filed a habeas corpus application at the Kuala Lumpur High Court to challenge their detention. The court fixed October 31 for hearing.

Ramkarpal who is acting for the five, told reporters that he had hoped to have the application heard before Deepavali.

The habeas corpus application was filed by Saminathan, Gunasekaran, Chandru Suparmaniam, Suresh Kumar Velayuthan and Arivainthan Subramaniam.

In their motion, they affirmed that they are not part of the banned, and now-defunct, LTTE, and denied trying to revive the terrorist group.

Habeas corpus is a legal recourse for those under detention to plead their case before a judge unless the authorities can prove lawful grounds for their arrest. – October 27, 2019.