KUALA LUMPUR, Nov 29 — Suara Rakyat Malaysia (Suaram) lauded the decision by the High Court to strike down Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma) that provides for no judicial discretion on bail as unconstitutional.
“It marks a departure from long trend of the judiciary refusing to acknowledge the deprivation of judicial power and oversight over the executive in a situation where a person is detained without trial,” Suaram executive director Sevan Doraisamy said.
“The decision by the High Court of Kuala Lumpur is a brave step forward for the judiciary and marks a turning point not only for the 12 individuals detained under Sosma but for countless others who were unjustly detained without trial under Sosma, the Prevention of Crime Act 1959, Prevention of Terrorism Act 2015 and the Dangerous Drugs (Special Preventive Measures) Act 1985.”
The High Court today granted Gadek assemblyman G. Saminathan’s application for bail notwithstanding the invocation of Sosma to detain him for alleged involvement with the Liberation Tigers of Tamil Eelam (LTTE).
The judge said the provision was unconstitutional as it usurped the judiciary’s powers and violated the separation of powers doctrine.