November 26, 2019 9:47 PM
Lawyer Ramkarpal Singh said this is because the Security Offences Act 2012 or Sosma, which was enacted pursuant to Article 149 of the Federal Constitution, did not exclude the judiciary from giving bail under special circumstances. Melaka executive councillor G Saminathan, who is charged with 11 others with supporting the Liberation Tigers of Tamil Eelam group, wants to get bail pending the outcome of their trial.
He said the police could use Sosma procedures to investigate those accused of committing offences against the state or involved in terrorism and organised crime under the Penal Code. “Judges cannot offer bail to those charged with terrorism-related crimes. Sosma has usurped the full discretion of the courts to offer bail under special circumstances,” he said.
He also said the state could discriminate against a class of people although Article 8 stated that citizens enjoy the right to equality and equal protection of the law.
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