NSTnation: Section 13 of Sosma stated that the court was prohibited from considering the granting of bail to a person charged for an offence under Chapter 6A of the Penal Code. LTTE
Judge Mohd Nazlan Mohd Ghazali today further stated that this was because it divests from the courts the judicial discretionary power to evaluate whether to grant or refuse bail applications.
“This is well in line with the landmark 2017 Federal Court case of Semenyih Jaya Sdn Bhd v. Pentadbir Tanah Daerah Hulu Langat,” said Lawyers for Liberty Director, Melissa Sasidaran. Nazlan had ruled that Section 13 of the Security Offences Act 2012 was ultra vires to Articles 8 and 121 of the Federal Constitution.
“The decision today, coupled with Chief Justice Tengku Maimun’s recent speech calling for judges to defend the principle of separation of powers, independence of the judiciary and to uphold the rule of law, augurs well for the future of Malaysia as a modern democratic country.
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