Saminathan allowed to apply for bail
Saturday, 30 Nov 2019
By NURBAITI HAMDAN
image: https://apicms.thestar.com.my/uploads/images/2019/11/30/412941.jpg
KUALA LUMPUR: The High Court has allowed Gadek assemblyman G. Saminathan (pic), who is currently under detention for his alleged involvement with 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 (Sosma) was ultra vires to Articles 8 and 121 of the Federal Constitution.
He said the judicial powers, or the power to adjudicate in civil or criminal matters, brought before the courts were 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 the sanctity of the doctrine of the separation of powers, violates the basic structure of the Constitution, and is therefore unconstitutional.
“Thus, Section 13 of Sosma is unconstitutional because it divests from the courts the judicial discretionary power to evaluate whether or not to grant or refuse bail applications, ” he said yesterday.
Nazlan, however, said the division did not mean that the applicant must or should be granted bail.
“In assessing whether to grant bail, the court will exercise its discretion judiciously, having regard to relevant considerations such as the nature and gravity of the offence, the severity of the punishment, the risk of the accused absconding, the danger of the offence being continued or repeated and the danger of the witnesses being tampered with, as well as the character, means and standing of the accused, ” he added.
Under Section 13 of Sosma, it was 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.
When met by reporters, Saminathan’s lawyer Sangeet Kaur Deo said they would apply for bail at the Sessions Court next week.
DAP adviser 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; school teacher Sundram Renggan @ Rengasamy, 52; DAP member V. Suresh Kumar, 43, and businessman B. Subramaniam, 57.
They were charged at separate Sessions Courts here and several states on Oct 29 and 31 with allegedly having links with LTTE.
Read more at https://www.thestar.com.my/news/nation/2019/11/30/saminathan-allowed-to-apply-for-bail#LxY3wQqwGiDf06kJ.99
