14 Feb 2020
PENDAKWARAYA Y.Bhg. Attorney General Tan Sri Tommy Thomas together with Pn. Aslinda Ahad, Pn. Rohaiza Abd. Rahman & Tn. Mohamad Nurzul b. Azuar Zulkifli Public Prosecutor [Attorney General’s Chambers] En. Ram Karpal Singh together with En.
- Citation
- CRIMINAL APPLICATION NO: WA-44-337-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CRIMINAL APPLICATION NO: WA-44-337-12/2019 (Mahkamah Tinggi)
Section 13 of SOSMA is constitutional and not ultra vires Articles 121(1) or 8 of the Federal Constitution because (a) SOSMA was validly enacted under Article 149 permitting restrictions directed at public order and security; (b) courts cannot exercise judicial power where Parliament has provided no statutory foundation for such exercise and Section 13 removes the substratum for bail in terrorism offences; and (c) the absolute prohibition on bail for terrorism offences is proportionate to the legitimate objective of preventing threats to public order and security. Consequently the bail applic…