PM's ex-aide seeks order to declare 'no bail' provision unconstitutional

Former research assistant Muhammed Yusoff Rawther has filed an originating summons to seek an order to declare Section 41B of the Dangerous Drugs Act 1952 as unconstitutional, according to his lawyer.

Lawyer Rafique Rashid Ali said his client, who is facing charges under Section 39B of the act, is in Sungai Buloh prison while waiting for trial.

“It is public knowledge that there is no bail for drug trafficking cases because (granting of) bail is prevented by Section 41B.

“This causes injustice, in certain situations, particularly when an accused has a defence with merit or special circumstances that require bail,” he said in a statement.

Rafique (above) said his client has today received sealed copies of documents filed, including the originating summons dated Sept 27 and supporting affidavits.

“Through this originating summon, Muhammed Yusoff Rawther is seeking an order to declare Section 41B of the Dangerous Drugs Act 1952 as unconstitutional as it limits the existing powers of the court in deliberating or granting bail.

“The originating summons also intends to submit to the court extenuating circumstances faced by or related to Yusoff, that require bail being considered,” he said.

Rafique added the court has set Oct 23 for case management.

Yusoff, who has an ongoing sexual assault suit against Prime Minister Anwar Ibrahim, was detained on Sept 6 for alleged firearms and drug possession but was only charged with trafficking 305g of cannabis.

He faces a maximum penalty of life in prison and 12 strokes of the cane.

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