The High Court does not have the jurisdiction to hear the bail application of Gadek state assemblyperson G Saminathan, who has been detained under a security law for alleged links with terrorist group LTTE, according to deputy public prosecutor Mohd Izhanudin Alias.
He said since the application involved constitutional issues it should be referred to the Federal Court for a decision.
Saminathan (above) has been charged with supporting LTTE and possessing items connected to the group and is being held in remand in Sungai Buloh Prison under the Security Offences (Special Measures) Act 2012 (Sosma).
Izhanudin said the High Court does not have the jurisdiction to hear and decide on the bail application of an individual held under Sosma although the Sessions Court had referred the matter to it.
"Although there is an order from the Sessions Court judge to refer constitutional issues on the bail (application) to the High Court, the prosecution is of the opinion that questions of constitutional issues should be decided by the Federal Court,” he said at the mention of Saminathan’s application before High Court judge Mohd Nazlan Mohd Ghazali today.
Lawyer Ramkarpal Singh, who is representing Saminathan, said the High Court has the jurisdiction to hear the application and asked the court to grant his client bail.
He said the Sessions Court judge had on Nov 1 decided that there was merit in the defence application under Section 13(2) of Sosma to refer constitutional issues on bail to the High Court.
Justice Mohd Nazlan fixed Nov 13 to hear further arguments from both sides and directed them to file their submissions and questions they wish to raise in the application before or on Nov 12.
Today, only Saminathan’s application was heard in the High Court.
On Nov 1, the Sessions Court allowed the applications of Saminathan and 11 other men to refer constitutional issues on bail to the High Court.
The others are Seremban Jaya state assemblyperson P Gunasekaran, 60; taxi driver V Balamurugan, 37; dispatch rider S Teeran, 38; scrap metal dealer A Kalaimughilan, 28; the chief executive of a corporation S Chandru, 38; technician S Arivainthan, 27; storekeeper S Thanagaraj, 26; security guard M Pumugan, 29; national secondary school teacher Sundram Renggan @ Rengasamy, 52; DAP member V Suresh Kumar, 43; and businessperson B Subramaniam, 57.
They were charged in separate Sessions Courts in Kuala Lumpur and several states on Oct 29 and 31 with allegedly having links with LTTE.
Communications and Multimedia Minister Gobind Singh Deo, Deputy Women, Family and Community Development Minister Hannah Yeoh and DAP adviser Lim Kit Siang were present at today’s proceedings.