Samat bin Yamin Public Prosecutor

Samat bin Yamin Public Prosecutor

Section 13 SOSMA is not unconstitutional on the grounds argued; its gender and other categorical exceptions constitute a reasonable classification with an intelligible differentia and rational nexus to SOSMA's legitimate objective of protecting public order under Article 149, sections 26A and 26D of ATIPSOM properly fall within SOSMA, and the Federal Court has jurisdiction to hear the bail application; accordingly the applicant's bail application is dismissed.

Citation
07-08-06/2022 (B) (Mahkamah Persekutuan)
Parties
APPLICANT: Samat bin Yamin; RESPONDENT: Public Prosecutor
Court
B
Jurisdiction
Malaysia
Judgment Date
6 October 2022
Case Number
07-08-06/2022 (B) (Mahkamah Persekutuan)
Procedural Posture
Criminal Application for Bail to the Federal Court / Appellate Bail Application Pending Trial (challenging Detention Under Sosma/atipsom)
Outcome
Application dismissed
Legal Topics
Bail, Security Offences (sosma), Equality Under Article 8, Proportionality, Inherent Jurisdiction, Statutory Interpretation, Trafficking and Smuggling of Migrants
Source Language
Malay/English
Constitutional Law Criminal Law Procedural Law Human Rights Bail Security Offences (sosma) Equality Under Article 8 Proportionality +3 more

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Parties

Samat bin Yamin

APPLICANT

Public Prosecutor

RESPONDENT

Procedural Posture

Criminal Application for Bail to the Federal Court / Appellate Bail Application Pending Trial (challenging Detention Under Sosma/atipsom)

Legal Issues

  1. 1 Whether section 13 SOSMA is unconstitutional for gender discrimination under Article 8
  2. 2 Whether section 13 breaches the doctrine of proportionality and Article 5
  3. 3 Whether offences under sections 26A and 26D ATIPSOM properly fall within SOSMA

Ratio Decidendi

Section 13 SOSMA is not unconstitutional on the grounds argued; its gender and other categorical exceptions constitute a reasonable classification with an intelligible differentia and rational nexus to SOSMA's legitimate objective of protecting public order under Article 149, sections 26A and 26D of ATIPSOM properly fall within SOSMA, and the Federal Court has jurisdiction to hear the bail application; accordingly the applicant's bail application is dismissed.

Court Disposition

Application dismissed

Orders

  • Applicant's Notice of Motion for bail dismissed