KUALA LUMPUR, Nov 29 — Lawyers acting for G. Saminathan convinced the High Court today that the DAP assemblyman was entitled to bail despite the invocation of the Security Offences (Special Measures) Act for his detention, according to Bernama.
Provisions of the security law that allows detention without trial prohibit bail.
Saminathan was among 12 people including Seremban Jaya assemblyman P. Gunasekaran who were detained using the Sosma and charged over alleged links to the Liberation Tigers of Tamil Eelam.
The Malaysiakini news portal reported judge Mohd Nazlan Ghazali as finding that the Sosma provision that barred the courts from considering bail to be unconstitutional as it effectively allowed the executive to override the judiciary, violating the separation of powers among the different branches of government.
The landmark decision will also benefit the others still detained using the preventive detention law despite already being charged with supporting or possessing material related to the defunct Sri Lankan terrorist group.
Lawyer Ramkarpal Singh, who represented the DAP lawmaker, previously argued that the provision denying Sosma detainees bail was an overreach of the constitutional article that allowed the passage of security laws that may infringe on some civil liberties.
Among others, he said this effectively usurped the role of the judiciary as well as its lawful discretion in such matters.
On November 1, the Sessions Court decided that there was merit in the application filed by Saminathan and 11 others to challenge their prevention of bail under the Sosma and referred the matter to the High Court.
Aside from Saminathan and Gunasekaran, the others detained are V. Balamurugan; S. Teran; A. Kalaimughilan; S. Chandru; S. Arivainthan; S. Thanagaraj; M. Pumugan; R. Sundram; V. Suresh Kumar and B. Subramaniam.
They were variously arrested in October and charged at the end of the month with offences related to the LTTE.
The Sosma was among security laws the Pakatan Harapan coalition had suggested it would repeal while campaigning in the 14th general election but which it has since said would simply be reviewed now that it is in power.