Judgment clarifies inherent judicial power of Malaysia’s courts

THE Malaysian Bar welcomes the courageous decision of the Federal Court to release on bail a person charged with a security offence under the Security Offences (Special Measures) Act 2012 (Sosma).

We deem that this landmark ruling by the highest court of the land brings to a definitive end the question of the constitutionality of Section 13 of Sosma in relation to the rights of an accused person to be granted bail. The three-person Federal Court bench had decided to instead utilise section 388 of the Criminal Procedure Code to permit bail.