Recent High Court decision means all those now detained without Bail - can now be entitled to Bail. Hurry, and apply to be released on bail...
Remember that Section 13 says that after you have been charged for one of the almost 100 offenses in the Penal Code and other laws, that are listed in SOSMA as 'security offenses' - the accused shall not be released on bail (except very limited categories of persons)...So. all those whose trial has started(or not started) will have to stay in detention until their trial is over...the presumption of innocence until proven guilty is totally ignored - what if the person after trial is found NOT GUILTY...Is it just for the said person to be detained for years simply because of that bad law called SOSMA...
Thankfully, DAP 'peoples' representatives and members are victims of SOSMA - if not will they be bothered about all the victims of SOSMA who are not party members?
In his decision, Justice Mohd Nazlan Mohd Ghazali ruled that Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma) goes against Articles 8 and 121 of the Federal Constitution.He said that the power to hear and judge civil or criminal matters is exclusive to the courts.
"Judicial power is central to the doctrine of the separation of powers between the Executive, the Legislature and the Judiciary which is a fundamental feature in the basic structure of the Constitution."Any usurpation of the judicial power by any other arm of the Government infringes on the sanctity of the doctrine of the separation of powers, violates the basic structure of the Constitution, and is therefore unconstitutional," said Mohd Nazlan.He added on Friday (Nov 29) that Section 13 of Sosma is unconstitutional because it divests the judicial discretionary power to evaluate whether or not to grant or refuse bail applications from the courts.Mohd Nazlan added that when assessing whether to grant bail, the courts will consider the nature and gravity of the offence as well as the risk that the accused will abscond, the danger of the offence being repeated or witnesses being tampered with.He also said that the courts will consider the character, means and standing of the accused before granting bail.
This HIGH COURT JUDGE by his decision brings justice to the hundreds of persons charged with a 'security offence', as listed in SOSMA, who have been languishing in detention as until their trial is over....how long? Well, it could be years...and then when the court finds them 'NOT GUILTY' - is it not a great injustice to these persons and their families/dependents had to languish in prison for months and years until their trial/appeal are over...
Everyone knows that SOSMA is an unjust law - but after coming into power, Pakatan Harapan parties and their MPs seem to have done a U-turn on human rights and justice...They did not REPEAL SOSMA ...nor did they impose a moratorium on the use of SOSMA...
It was a blessing when 2 ADUNs of PH became victims of SOSMA ...and so, we find that a High Court judge has bravely acted to ensure justice be done ...
Will the PH government appeal - Will AG Tommy Thomas advise the government to appeal? We shall see...we shall see..
How many victims of SOSMA are langusihing in detention - Tell us now PH government? Is it 100 or thousands who are in pre-conviction detention because of SOSMA?
See also earlier posts:-
Harap Mat Sabu, Anwar faham SOSMA dan sedar mengapa ia perlu dibatalkan?
Mohd Azis Jamman '...firmly believes that the law[SOSMA] is good' - REMOVE HIM FROM CABINET?
SOSMA - not the new ISA and no death penalty...Let's understand SOSMA better?
Bar Resolution for the Repeal of the Prevention of Crime Act 1959 and All Detention Without Trial Laws, and Provision for Compensation for Deprivation of Liberty of the Innocent
High Court allows Gadek rep Saminathan to apply for bail in LTTE case
Nation
Friday, 29 Nov 2019 4:09 PM MYT
By NURBAITI HAMDAN
KUALA LUMPUR: The High Court has allowed Gadek assemblyman G. Saminathan (pic), who is currently detained for alleged links to the Liberation Tigers of Tamil Eelam (LTTE), to apply for bail.
The 34-year-old could not contain his tears when he heard the ruling and hugged his wife after the proceedings ended.
In
his decision, Justice Mohd Nazlan Mohd Ghazali ruled that Section 13 of
the Security Offences (Special Measures) Act 2012 (Sosma) goes against
Articles 8 and 121 of the Federal Constitution.
He said that the power to hear and judge civil or criminal matters is exclusive to the courts.
"Judicial
power is central to the doctrine of the separation of powers between
the Executive, the Legislature and the Judiciary which is a fundamental
feature in the basic structure of the Constitution.
"Any
usurpation of the judicial power by any other arm of the Government
infringes on the sanctity of the doctrine of the separation of powers,
violates the basic structure of the Constitution, and is therefore
unconstitutional," said Mohd Nazlan.
He added on Friday (Nov 29)
that Section 13 of Sosma is unconstitutional because it divests the
judicial discretionary power to evaluate whether or not to grant or
refuse bail applications from the courts.
Mohd Nazlan added that
when assessing whether to grant bail, the courts will consider the
nature and gravity of the offence as well as the risk that the accused
will abscond, the danger of the offence being repeated or witnesses
being tampered with.
He also said that the courts will consider the character, means and standing of the accused before
granting bail.
Under
Section 13 of Sosma, the courts are prohibited from considering the
granting of bail to a person charged for an offence under Section 6A of
the Penal Code.
When met by reporters, Saminathan's lawyer Sangeet Kaur Deo said they would apply for bail at the Sessions Court next week.
DAP stalwart Lim Kit Siang and Klang MP Charles Santiago were present at the court to show support to the applicant.
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 Saminathan and 11 other men to refer constitutional issues on bail to the High Court.
The
11 are Seremban Jaya assemblyman P. Gunasekaran, 60; 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, Selangor, Sundram Renggan @ Rengasamy, 52; DAP
member V. Suresh Kumar, 43, and businessman B. Subramaniam, 57.
They were charged at separate Sessions Courts here and in several states on Oct 29 and 31 with allegedly having links with LTTE. - Star, 29/11/2019
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