KUALA LUMPUR, Jan 29 (NNN) — Gadek assemblyman G. Saminathan, who is facing charges of supporting the defunct Liberation Tigers of Tamil Eelam (LTTE) terrorist group, will have to remain in prison for now as the High Court today dismissed his bail application.
Judicial Commissioner Datuk Ahmad Shahrir Mohd Salleh in his judgment said that Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma) was still in the statute even though it was declared unconstitutional by High Court judge Mohd Nazlan Mohd Ghazali.
On Nov 29, Nazlan declared that Section 13 of Sosma was ultra vires Articles 8 and 121 of the Federal Constitution.
Ahmad Shahril said LTTE was still gazetted as a terrorist group by the Home Ministry, even though there were claims that it has been disbanded in its origin country, Sri Lanka.
“Our country still gazettes LTTE as a terrorist group and offence of supporting it is punishable under Section 130J of Penal Code which carries life imprisonment.
“The court usually cannot grant bail for offences which carries life imprisonment or death penalty,” he added.
Counsel Ramkarpal Singh who is representing the accused is expected to file an appeal against Ahmad Shahrir’s decision.
Saminathan was charged with supporting the LTTE at a function held at Dewan Kasturi Ayer Keroh, Jalan Utama, Taman Ayer Keroh Heights here from 8.30 pm to 10.50 pm on Nov 28, 2018.
He was also charged with possessing items with elements of terrorism or related to the LTTE in a mobile phone at the office of the Unity, Human Resources and Consumer Affairs executive councillor at the Chief Minister’s Department at Kompleks Seri Negeri here at 10.25 am on Oct 10 last year.
On Nov 1, Sessions Court Judge Rozina Ayob ruled that there was merit in the application made by the defence under Section 13(2) of SOSMA to refer constitutional matters concerning bail to the High Court.
The court allowed the applications of Saminathan and 11 other men to refer constitutional issues on bail to the High Court.
Besides Saminathan, the others are Seremban Jaya assemblyman P. Gunasekaran, 60; taxi driver V. Balamurugan, 37; postman S. Teeran, 38; scrap metal trader A. Kalaimughilan, 28; chief executive officer of a corporation S. Chandru, 38; technician S. Arivainthan, 27; storekeeper S.Thanagaraj, 26; security guard M. Pumugan, 29; a national secondary school teacher in Telok Panglima Garang, Selangor, Sundram Renggan @ Rengasamy, 52; DAP member V. Suresh Kumar, 43, and businessman B. Subramaniam, 57.
They were charged in separate Sessions Courts here and several states on Oct 29 and 31 with allegedly having links with LTTE.
