The Kuala Lumpur High Court today dismissed a bail application by DAP member, V Suresh Kumar who is facing a charge with supporting the LTTE terrorist group.
Judge Collin Lawrence Sequerah dismissed the 44-year-old accused's application on grounds that a terrorism offence under Section 130J of the Penal Code is non-bailable as provided under Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma).
Justice Sequerah ruled that the provision under Sosma, which denies bail application to the accused seeking bail pending the disposal of his case, is constitutional.
"I respectfully am constrained to differ from the decision of my learned brother (High Court Judge Mohd Nazlan Mohd Ghazali) in the case of Gadek assemblyman G Saminathan.
"I find that the provision in Section 13 of Sosma in so far as it relates to the absolute prohibition of bail for an accused person charged for offences related to terrorism and under which the accused stands charged is constitutional. Therefore, the application is dismissed," he said.
The judge also said the court could not simply be called upon to act on cases related to bail application for an accused person charged for terrorism offences.
"This is because the foundation or edifice for the exercise of that power is not there. So there is no question of removing judicial power in the first place," he said.
Counsel Harshaan Zamani represented the accused while deputy public prosecutor Rohaiza Abd Rahman acted for the prosecution.
Suresh Kumar had pleaded not guilty to a charge with giving support to the LTTE by using Facebook under the name of "Rocketsuresh Dap" at the E8 (M) Counter-Terrorism Division, Bukit Aman Special Branch office at 2pm on Oct 7, last year.
The charge was framed under Section 130J (1)(a) of the Penal Code, which provides for a life sentence or maximum 30 years’ jail or fine and the forfeiture of any property used or intended to be used for committing the offence, upon conviction.