THE Federal Court will soon decide on the constitutionality of denying bail to terror suspects after two conflicting high court rulings on the issue recently.

This morning, a bail application by DAP’s Seremban Jaya assemblyman was postponed after the constitutionality of his arrest was fast-tracked to the Federal Court.

P. Gunasekaran has been held at the Sg Buloh prison since October for alleged terrorist activities linked to the Tamil Tigers. A provision, Section 13 of the Security Offences (Special Measures) Act (Sosma), was used to detain him and 11 others.

Kuala Lumpur High Court judge Muhammad Jamil Hussin ruled today that his decision over a bail application made last month by the Negri Sembilan state representative would have to wait.

“For uniformity, the matter needs to be referred to the higher court as there has been two differing decisions on the matter. I believe the constitutional question has a direct connection to this case and I move for it to be referred to the Federal Court.

“I also hope the case is transmitted as fast as possible,” said the judge before setting further case management to March 13.

Gunasekaran, cuffed and dressed in a white shirt, appeared calm. The 60-year-old hugged relatives and supporters before being led away. Also present in the public gallery was DAP stalwart Lim Kit Siang.

Jamil was referring to conflicting decisions by two high court judges over similar bail applications of suspects held over links to the Liberation Tigers of Tamil Eelam (LTTE).

On November 29 last year, Kuala Lumpur High Court judge Mohd Nazlan Ghazali ruled that Section 13 of Sosma, which bars the courts from considering bail, to be unconstitutional as it allowed the executive to override the judiciary, violating the separation of powers. He added that the provision was ultra vires of Articles 8 and 121 of the federal constitution.

Nazlan was deciding on a legal challenge on the provision by Gadek assemblyman G. Saminathan.

On Monday, Kuala Lumpur High Court judge Mohamed Zaini Mazlan dismissed a bail application by another LTTE-linked detainee B. Subramaniam on grounds that Section 13 was constitutional and that an offence on terrorism under Section 130J of the Penal Code is non-bailable.

“It’s important for the Federal Court to decide once and for all since there are two conflicting decisions at the high court,” Gunasekaran’s lawyer Ramkarpal Singh said today.

“One declaring that Section 13 is unconstitutional and the other declaring otherwise. So, in those circumstances, it is appropriate for the highest court of the land to decide this matter once and for all conclusively,” said Ramkarpal, who is also Bukit Gelugor MP.

Gunasekaran is among a dozen men detained last October under the security law. He claimed trial at the high court on December 18 last year to the charge of supporting LTTE on Facebook under the name of “DAP Guna Palanisamy”. – February 12, 2020.