He said the court papers were ready to be filed today, but that the Sungai Buloh prison authorities had denied access for the trio to affirm the affidavits in support of their applications.

“We will file the legal challenge in the Sessions Court first, and hope the matter will be heard before the Federal Court as it will involve constitutional issues,” he told FMT.

Ramkarpal said the police could use Sosma procedures to investigate those accused of committing offences against the state or involved in terrorism and organised crime under the Penal Code.

However, he said the court only has the discretion to offer bail to those charged with an offence against the state, and who have participated in serious criminal activities.

Even then, he added, the court is limited to offering bail to women, those below 18, and the sick and infirmed.

“Judges cannot offer bail to those charged with terrorism-related crimes. Sosma has usurped the full discretion of the courts to offer bail under special circumstances.”

He gave the example of individuals charged with murder, which carries the death penalty under the Penal Code. Under the Criminal Procedure Code, however, bail is still offered although murder is classified as a non-bailable offence.

He recalled the case of a former lawyer, the late Balwant Singh, who was given conditional bail after being charged with the murder of a dispatch driver in 2002.

Balwant, who was 81 at the time, was allowed to remain at home after the court took into account his age and health. He was found not guilty and acquitted in 2003.

State assemblymen G Saminathan and P Gunasekaran were charged at the Sessions Court yesterday along with S Chandru, a local councillor in Melaka.

They were charged with supporting the now-defunct Liberation Tigers of Tamil Eelam (LTTE) group in November last year.

All three were charged with committing the offence at an event in Melaka.

They were charged under Section 130J (1)(a) of the Penal Code, which provides for life imprisonment or a maximum 30-year jail term or fine, and the forfeiture of any property used in the commission of the crime.

Saminathan was also charged with possessing items with elements connected to LTTE in his mobile phone.

He was charged under Section 130JB (1)(a) of the Penal Code, which provides for a jail sentence of up to seven years or a fine, and the forfeiture of any such items upon conviction.

No plea was recorded before judge Elesabet Paya Wan. The three were also denied bail.

Their cases will eventually be tried before a High Court. They could be held until their appeal or that of the prosecution ends in the Federal Court.