Judge Mohamed Zaini Mazlan fixed the decision date after hearing submissions from lawyers Ramkarpal Singh and S Selvam for businessman B Subramaniam and deputy public prosecutor Muhammad Saifuddin Hashim Musaimi.
“I will proceed to hear the bail application if it is ruled that Section 13 of Sosma is unconstitutional,” Zaini said.
Subramaniam, 57, is charged with giving support to Liberation Tigers of Tamil Eelam (LTTE) group through social media under the username of UsSubra Subramaniam.
Zaini had also heard submissions from both disputing parties on Jan 3 on whether the court could consider bail applications for such offenders.
Saifuddin today informed Zaini that the prosecution was retracting its earlier submission that Section 13 was constitutional.
On Nov 29, another High Court judge Mohd Nazlan Mohd Ghazali said courts could consider bail applications as the judiciary, being an independent arm of the government, existed to check any excesses by the legislature and executive.
“The principle of separation of powers is a hallmark of a modern state,” he said in allowing the constitutional challenge brought by Melaka executive councillor G Saminathan.
Zaini is not bound by Nazlan’s ruling as both have co-ordinate jurisdiction.
On Dec 13, Attorney-General Tommy Thomas in a statement said he was not appealing Nazlan’s decision as Parliament and those who drafted Sosma did not take into account the judicial function of the courts.
Ramkarpal told Zaini that he had written to Thomas for clarification on the conflicting stand by the AG (on Dec 13) and that of his officers in court (on Jan 3).
“He has replied to confirm that his official stand is consistent with the statement,” he said.
Meanwhile, a chief executive officer in a Melaka government agency, S Chandru claimed trial before judicial commissioner Aslam Zainuddin for allegedly supporting LTTE on Facebook and in possession of items related to the defunct group.
His trial is scheduled from June 8 to Aug 27. Saifuddin said the prosecution will be calling 15 witnesses.
In another High Court, a local councillor from Melaka, V Suresh Kumar, claimed trial before Judge Collin Lawrence Sequerah for allegedly supporting LTTE through his Facebook.
Sequerah will hear Suresh’s bail application tomorrow (Jan 9).