Mohd Nazlan Mohd Ghazali:

Introduction

[1] This is a reference by the Sessions Court to the High Court pursuant to s 30 of the Courts of Judicature Act 1964 of a question concerning the constitutionality of s 13 of the Security Offences (Special Measures) Act 2012 which language absolutely prohibits bail for offences relating to terrorism.

[2] I decided that the said s 13 of SOSMA is unconstitutional because it removes from the Courts the power to consider bail in cases of offences relating to terrorism under the Penal Code . These are the full reasons for my decision.

Context And Background

The Accused, The Charges And The Offences

[3] The applicant is a member of the Melaka State Legislative Assembly and a member of the State Executive Council. He is one of the several persons who have been charged in various Sessions Courts in this country with offences relating to terrorism - concerning support for the Liberation Tigers of Tamil Elaam ("LTTE") group.

[4] The prosecution preferred two charges against the applicant. He was specifically charged with providing support to LTTE under s 130J of the Penal Code , and for possessing items relating to LTTE under s 130JB of the same C