Court rules constitutional challenge against Sosma as academic

The Federal Court today ruled that the constitutional issue in relation to Security Offences (Special Measures) Act 2012 (Sosma) is academic.

A nine-member bench led by Chief Justice Richard Malanjum made the decision at the court in Putrajaya, saying that there are no proceedings under Sosma in High Court.

Thus, the court dismissed the applications by counsels Kamarul Hisham Kamaruddin and Muhammad Shafee Abdullah, who represented their clients (former Sosma detainees) to challenge the constitutionality of the act, and allowed the preliminary objection by the deputy public prosecutor Nik Suhaimi Nik Sulaiman.

Other members of the bench are justices Ahmad Maarop, Zaharah Ibrahim, David Wong Dak Wah, Ramly Ali, Balia Yusof Wahi, Mohd Zawawi Salleh, Idrus Harun and P. Nallini.

Kamarul, in his submission, raised the issue on Sosma, saying that it is “still alive” following the announcement made by Home Minister Muhyiddin Yassin on the withdrawal of the moratorium on the act.

He stated his concern that his client would be subjected to investigation under Sosma again.

Nik Suhaimi, however, told the court that the government is reviewing the act and its findings will be tabled in Parliament in March.

"I have been given permission by the Attorney-General to inform this honourable court in relation to Sosma. At the moment, the government is reviewing this act and most probably it will be tabled in parliament this March," he said.

Since taking over the administration after the 14th general election, the Pakatan Harapan government has imposed a moratorium on the Sedition Act, Sosma, the Prevention of Terrorism Act (Pota), and the Prevention of Crime Act 1959 (Poca).

In September last year, 42 out of 57 Sosma detainees in Kajang prison, accused of being members of Geng 360 Devan, were released by a special court on an amended charge from Sosma to Section 43 of the Societies Act 1966.

They pleaded guilty and were sentenced to a year's jail, but were immediately freed since the jail term started on the day of their arrest.

Another 14 detainees claimed trial to the amended charge, while the charge for one was withdrawn and given a discharge not amounting to an acquittal.

In December, Home Minister Muhyiddin Yassin announced that the moratorium on Sosma, Poca, Pota, and the Sedition Act would be lifted to allow police to look after peace and public security following the riots at the Seafield Sri Maha Mariamman Temple. - Mkini