Did the court accept the claim that Section 13 is unconstitutional?

Question

Accepted Answer

The Court Did Not Accept the Claim That Section 13 of Sosma is Unconstitutional

The High Court dismissed the bail application of B. Subramaniam, who is facing charges related to supporting the LTTE terrorist group. The court ruled that an offence under Section 130J of the Penal Code concerning terrorism is non-bailable, as stipulated by Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma). Consequently, the applicant's argument that Section 13 of Sosma is unconstitutional was not upheld by the judge, Mohamed Zaini Mazlan.
Bail Application Dismissed Due to Non-Bailable Offence

B. Subramaniam, a 57-year-old businessman, had his application for bail rejected by the High Court. The decision was based on the classification of his alleged offence under Section 130J of the Penal Code as non-bailable. This classification is explicitly provided for under Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma), which governs offences related to terrorism.
Applicant's Argument on Constitutionality Rejected

The court explicitly disagreed with the legal argument presented by Subramaniam's defence. The applicant had contended that Section 13 of Sosma itself is unconstitutional. However, Justice Mohamed Zaini Mazlan found no grounds to support this claim, leading to the dismissal of the bail application.
Subramaniam Faces Terrorism Support Charges

Subramaniam faces a charge under Section 130J (1)(a) of the Penal Code for allegedly giving support to the LTTE. He had pleaded not guilty to this charge in December. The alleged support was provided via Facebook between October 7 and October 10, 2019.
Penalties for Terrorism Support Offence

Conviction under Section 130J (1)(a) of the Penal Code carries severe penalties. If found guilty, an individual faces a potential life sentence or a maximum of 30 years in prison. Additionally, a fine and the forfeiture of any property used or intended to be used in the commission of the offence are also stipulated penalties.

Reading history

Hide →

This history is cleared when the page is closed.

Did the court accept the claim that Section 13 is unconstitutional?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends