KUALA LUMPUR: The High Court here has dismissed an application for bail filed by Gadek assemblyman G. Saminathan who is facing two charges for alleged terrorism activities linked to the Liberation Tigers of Tamil Eelam (LTTE).
In his decision here on Wednesday (Jan 29), Judicial Commissioner Ahmad Shahrir Mohd Salleh said that Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma) was still in the statute books despite being declared unconstitutional by High Court judge Justice Mohd Nazlan Mohd Ghazali.
JC Ahmad Shahrir said although he was bound by Justice Nazlan's ruling, he had to consider that Section 13 of Sosma was still in effect.
He added that LTTE had been classified a terror group by the government and the Home Minister had yet to de-gazette this.
“The LTTE is gazetted as a terrorist group and supporting it is an offence and punishable under Section 130J of Penal Code, which carries life imprisonment.
“The court usually cannot grant bail for offences which carries life imprisonment or the death penalty, ” he added.
On Nov 29 last year, Justice Nazlan declared that Section 13 of Sosma was ultra vires to Articles 8 and 121 of the Federal Constitution.
A woman, believed to be Saminathan's wife, was seen sobbing when proceedings ended.
Lawyer Ramkarpal Singh, who represented the accused, told reporters that they accepted the decision.
“We accept the decision although we are disappointed. We will consider our options and our next step, ” he added.
On Jan 20, Saminathan, who is also a Melaka exco member, claimed trial to supporting the LTTE at a function held at Dewan Kasturi Ayer Keroh, Jalan Utama, Taman Ayer Keroh Heights in Melaka, from 8.30pm to 10.50pm on Nov 28,2018.
He was charged with possession of items with elements of terrorism or related to the LTTE in a mobile phone at the office of the Unity, Human Resources and Consumer Affairs executive councillor at the Chief Minister's Department at Kompleks Seri Negeri, in Melaka, at 10.25am on Oct 10,2019.
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