KUALA LUMPUR: The High Court here has fixed Friday morning to decide whether Melaka’s Gadek state assemblyman, detained under the Security Offences (Special Measures) Act 2012 (Sosma) for alleged involvement with the Liberation Tigers of Tamil Eelam (LTTE) terror group, is allowed bail.
G Saminathan, 34, who was charged with supporting and possessing items related to LTTE was remanded at the Sungai Buloh prison under Sosma.
Judge Mohd Nazlan Mohd Ghazali heard submissions from counsel Ramkarpal Singh, representing Saminathan, and deputy public prosecutor Muhamad Iskandar Ahmad in yesterday’s proceedings which began at 4.30pm and ended at 8pm.
Ramkarpal argued that the judiciary has the power to grant or deny the bail application and that the executive body cannot interfere in the matter.
The lawyer said they accepted that it was not an easy matter for the court to grant bail, but maintained that it would be unreasonable to deny his client’s right to bail.
Iskandar meanwhile said Sosma is valid in terms of legislation and according to the Federal Constitution.
“The laws under Sosma are also different and cannot be equated with other criminal laws. Imagine, if bail is granted, acts of terror will be repeated,” he said, adding that consideration for bail for detainees under Sosma can only be given to children, women and ailing people.
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.
Besides Saminathan, the others detained under Sosma are Seremban Jaya assemblyman P Gunasekaran, 60; taxi driver V Balamurugan, 37; postman S Teeran, 38; scrap metal trader A Kalaimughilan, 28; businessman 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 in separate Sessions Courts on Oct 29 and 31 with having links with LTTE.