The Kuala Lumpur High Court today upheld the decision to allow Seremban Jaya state assemblyperson P Gunasekaran to appeal to the Federal Court over his right to bail over allegations in connection with the Tamil Eelam Liberation Tiger (LTTE) group.
Defence lawyer Ramkarpal Singh said the decision was made after two judges disagreed over whether Section 13 of the Security Offenses (Special Measures) (Sosma) Act 2012 violated the Federal Constitution.
"(The adjournment) is important because there are currently two different decisions on this issue in the High Court, and it is, therefore, appropriate for the supreme court of the Federal Court to make a final decision on the issue that will apply to all High Courts and lower courts hereafter."
"So we hope to have a date for a hearing in the Federal Court as soon as possible," he told reporters outside court today.
Justice Muhammahd Jamil Hussin today set March 13 as the date for case management to the Federal Court.
The notice of motion dated Feb 10 stated the legal question as to whether Section 13 Sosma was unconstitutional and requested a referral to the Federal Court for decision.
The notice of motion also cited another accused, Gadek assemblyperson G Saminathan who had been arraigned in the Kuala Lumpur Sessions Court under Section 130J (1) (a) of the Penal Code.
The act allows for detention of up to 28 days.
On Nov 29, Justice Mohd Nazlan Mohd Ghazali, in his decision in Saminathan's bail hearing, held that Section 13 was unconstitutional as it was beyond the jurisdiction of the judiciary to decide whether to allow or deny bail.
However, two days after that Judge Mohamed Zaini Mazlan disagreed saying that Section 13 Sosma was unconstitutional.
That came following a court decision rejecting an application by businessman B Subramaniam on a charge of providing support for the LTTE terrorist group, to be released on bail until his case is settled.
- Mkini
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