What led the High Court to initially strike out charges under Sosma?

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The High Court's Ruling on Sosma and Article 149

The High Court initially struck out charges under the Security Offences (Special Measures) Act 2012 (Sosma) against Halimah Hussein, Yazid Sufaat, and Muhammad Hilmi Hasim because the judge ruled the Act was ultra vires Article 149 of the Federal Constitution. This judicial interpretation suggested that Sosma, as applied in these specific cases, exceeded the constitutional boundaries set for legislation concerning national security.
Ruling on Sosma's Constitutional Validity

High Court judge Kamardin Hashim determined that Sosma could not be legally applied to the three individuals. This decision was based on the finding that the Act, in its implementation for these charges, was ultra vires Article 149 of the Federal Constitution. The principle of ultra vires signifies that a legal act is beyond the powers conferred by a higher authority, in this instance, the Federal Constitution itself.
Constitutional Framework of Article 149

Article 149 of the Federal Constitution provides the basis for laws that can be enacted to address specific threats to national security, such as those involving terrorism, subversion, or actions prejudicial to public order. Laws enacted under Article 149 are granted certain special powers, which may differ from those in ordinary criminal proceedings. However, these laws must remain within the scope and intent of the constitutional provision that authorises them.
Legal Reasoning for Striking Out Charges

The specific legal reasoning behind Justice Kamardin Hashim's ruling was that the application of Sosma in the cases of Halimah Hussein, Yazid Sufaat, and Muhammad Hilmi Hasim was deemed to be inconsistent with the framework established by Article 149. While the Attorney-General later succeeded in reverting this decision at the Court of Appeal, the initial High Court judgment indicated a judicial concern that the scope or application of Sosma might have extended beyond what the constitution permitted for legislating against security threats.

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What led the High Court to initially strike out charges under Sosma?

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