KUALA LUMPUR: Three people, including two assemblymen, charged with supporting and possessing items related to terror group Liberation Tigers of Tamil Eelam (LTTE) must wait a little longer to be released on bail.
This after three separate High Courts today decided that both parties need to file submissions whether the presided courts were bound with a declaration that Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma) was unconstitutional.
On Nov 29, High Court Judge Mohd Nazlan Mohd Ghazali declared that Section 13 of 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.
Nazlan in his judgement said the judicial powers or the power to adjudicate in civil or criminal matters brought to the Courts were exclusive of the courts.
However, High Court judges Datuk Muhammad Jamil Hussin, Collin Lawrence Sequerah, and judicial commissioner Datuk Ahmad Shahrir Mohd Salleh questioned whether they were bound to follow Nazlan’s declaration.
Today was fixed to hear the case management on bail applications against the accused - Seremban Jaya assemblyman M. Gunasekaran, 60; DAP member Suresh Kumar, 44; and Gadek assemblyman G. Saminathan, 35.
Muhammad Jamil and Sequerah, who presided the cases against Gunasekaran and Suresh respectively, fixed Feb 23 to hear the submissions.
Sequerah said he wants to explore a bit more to know how Nazlan arrived at his decision.
Meanwhile, Ahmad Sahrir who presided against Saminathan said he would hear submissions whether he was bound by Nazlan’s declaration and the accused’s bail application on Jan 24.
”Please submit further on this issue to assist me - the effect of declaration (by a High Court) which is not set aside on appeal (to the Court of Appeal and Federal Court), over another High Court,” he said.
Deputy public prosecutors Muhammad Saifuddin Hashim Musaimi and Low Qin Hui prosecuted while counsel Ramkarpal Singh represented Gunasekaran, Suresh Kumar, and Saminathan.
Several prominent politicians, including DAP stalwart Lim Kit Siang and MIC deputy president M Saravanan, were also present at the court to show support.
On Nov 1, Sessions Court Judge Rozina Ayob ruled that there was merit in the application made by the defence under Section 13(2) of SOSMA to refer constitutional matters concerning bail to the High Court.
The court allowed the applications of the trio and nine other men to refer constitutional issues on bail to the High Court.
Besides Saminathan, the others are 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 Sundram Renggan @ Rengasamy, 52; and businessman B. Subramaniam, 57.
They were charged in separate Sessions Courts here and several states on Oct 29 and 31 with allegedly having links with LTTE.