KUALA LUMPUR, Nov 29 (Bernama) -- Suara Rakyat Malaysia (SUARAM) has welcomed the High Court decision declaring as unconstitutional Section 13 of the Security Offences (Special Measures) Act 2012 (SOSMA) which provides for no discretion in the granting of bail by the court.
Its executive director, Sevan Doraisamy, hailing the decision as a brave step forward for the judiciary, said the acknowledgement by the High Court that Section 13 of SOSMA runs contrary to the doctrine of separation of power between the executive, the judiciary and the legislature marks a departure from the long trend where the judiciary refused to acknowledge the deprivation of judicial power and oversight over the executive in the situation where a person is detained without trial.
"The decision also echoes the long years of advocacy by civil societies and lawyers who have consistently fought against detention without trial since the days of the Internal Security Act 1960.
"The decision vindicates the argument against detention without trial and marks a transition point for Malaysia to depart from the old paradigm of detention without trial to a criminal justice system where fundamental liberties are respected," he said in a statement.
In the High Court earlier today, Judge Mohd Nazlan Mohd Ghazali had passed the judgement pertaining to Section 13 of SOSMA after hearing an application on the issue of bail from Melaka's Gadek state assemblyman G. Saminathan.
SUARAM-SOSMA 2 (LAST) KUALA LUMPUR
Eleven other men have also been charged with allegedly having links with the LTTE terror group.
The Pakatan Harapan (PH) government has said that it will look into amending the draconian provisions of SOSMA soon.
Communications and Multimedia Minister Gobind Singh Deo said on Nov 21, after meeting family representatives of SOSMA detainees outside Parliament House, that SOSMA provisions deemed “oppressive and draconian” should be amended or abolished.