KUALA LUMPUR: The High Court was told it could not hear constitutional questions on the Security Offences (Special Measures) Act or Sosma raised by Gadek assemblyman G. Saminathan, who was recently charged over involvement in the Liberation Tigers of Tamil Eelam (LTTE) militant group.
This contention was made by the prosecution conducting the case of 12 people, including Saminathan who were charged with terrorism related offences.
Deputy public prosecutor Mohd Izhanudin Alias said the constitutional challenge on Section 13 of the Act regarding bail should be sent to the Federal Court as the High Court has no jurisdiction to hear constitutionality issues on the Act.
“Though the Sessions Court judge had referred the issue on constitutionality of bail to the High Court, the prosecution is of the view that it should be decided by the Federal Court,” he said.
Meanwhile, counsel Ram Karpal Singh who represented Saminathan submitted that the High Court had the jurisdiction to hear the issue on bail.
He said the Sessions Court judge on Nov 1 had allowed his application to refer the matter to the High Court.
He also urged the court to give an early date for hearing, saying that his clients’ liberty was at stake.
Judge Mohd Nazlan Mohd Ghazali then fixed Nov 13 to hear the matter and ordered for the parties to file a written submission by Nov 12.
On Nov 1, Sessions Court judge Rozina Ayob allowed the application by the 12 accused for the matter on their bail to be referred to the High Court.
The judge said there was merit to refer the case which falls under Section 13 (2) of Sosma, which is subject to the constitution.
On Oct 31, the 12 accused claimed trial at three different Sessions Courts for possessing and supporting LTTE via their social media accounts — Facebook and YouTube — at the Bukit Aman Special Branch Counter Terrorism Division (E8) between Oct 5 and 11.
They are Saminathan; V. Balamurugan, 37; postman S. Teeran, 38; scrap metal trader A. Kalaimughilan, 36; security officer M. Pumugan, 29; Malacca Green Technology Incorporated chief executive officer S. Chandru, 38; teacher R. Sundra, 52; technician S. Arivainthan, 27; storekeeper S. Thanagaraj, 26; Seremban Jaya assemblyman P. Gunasekaran, 60; and two DAP members V. Sureshkumar, 43 and B. Subramaniam, 57.
The offences under Section 130JB(1)(a) and Section 130JB(1)(b) of the Penal Code carries a maximum seven years’ imprisonment or a fine, upon conviction.