Bukit Gelugor MP Ramkarpal Singh has called on the Attorney-General Tommy Thomas to explain his seemingly inconsistent stand on Section 13 of the Security Offences (Special Measures) Act 2012.
This was after a deputy public prosecutor (DPP) was purportedly been instructed by Thomas to raise the issue on the constitutionality of Section 13 and argued that it was constitutional.
The DPP raised the issue at the high court in a bail application on behalf of a Sosma detainee B Subramaniam today, said Ramkarpal in a statement.
"There can be no doubt that such instructions from the AG himself directly contradicts his stand on the matter as reflected in his statement dated Dec 13, 2019.
"On the one hand the AG announces that the decision of Justice Mohd Nazlan Mohd Ghazali (on Nov 29) was correct and that any appeal against the same was 'doomed to fail', yet on the other, he instructs his DPP to argue the opposite before a different judge the section is constitutional.
"With respect, the AG’s stand on the matter is confusing and most regrettable. Is he today taking a completely different stand compared to his stand barely a month ago?
"If he is, he must publicly state why," Ramkarpal said.
On Dec 13 last year, Thomas said he would not appeal against a court decision which ruled Section 13 of Sosma as unconstitutional.
This came following Kuala Lumpur High Court’s decision on November last year, presided before justice Nazlan, to grant Gadek assemblyperson G Saminathan the right for his bid for bail to be heard by the lower court concerning his detention under Sosma.
Section 13 prohibits courts from granting bail for security-related offences.
Last year, 12 suspects linked to the terrorist group known as the Liberation Tigers of Tamil Eelam were charged under Section 130J of the Penal Code for giving support to LTTE through social media to promote the group to the public, as well as under Section 130JB of the Penal Code for having possession of items related to LTTE.
They include Gadek assemblyperson G Saminathan, Seremban Jaya state assemblyperson P Gunasekaren.
Ramkarpal also represents the other two individuals S Arivainthan and S Chandru.