The Federal Court here today adjourned the appeal hearing relating to a writ of habeas corpus application filed by a grocer over his detention for alleged link to the LTTE pending hearing of an appeal at the Court of Appeal.
Chief Justice Tengku Maimun Tuan Mat who chaired the five-member panel told lawyer S Selvam who was representing B Subramaniam to wait for the Court of Appeal to hear and decide on an appeal which involved similar issues.
She then set April 1 for case management of the appeal.
Selvam told the court that his client's appeal was also related to the legality of section 4 (5) of the Security Offences (Special Measures) Act 2012 (Sosma).
The other judges sitting on the panel were Federal Court judges Nallini Pathmanathan, Abdul Rahman Sebli, Zaleha Yusof and Hasnah Mohammed Hashim.
At the onset of the appeal, deputy public prosecutor Muhammad Sinti raised a preliminary objection saying that Subramaniam's appeal is academic because his (Subramaniam's) detention period ended on Nov 6, last year and he was charged in Oct last year under section 130J(1)(a) of the Penal Code.
Selvam, however, said there was a "live issue" pertaining to the legality of section 4 (5) Sosma, the provision that was applied to extend his (Balasubramaniam's) detention period for 28 days.
He said the provision was inoperative and void from July 31, 2017, due to the failure of the then home minister to publish in the gazette, the resolutions passed by Parliament under section 4(11) of the Sosma.
Section 4(5) of Sosma provides power to the police to detain a person suspected of being involved in terrorist activities for a period not exceeding 28 days for investigations.
Section 4(11) states that section 4(5) shall be reviewed every five years and shall cease to have effect unless the review was passed in Dewan Rakyat and Dewan Negara.
Selvam said his client had raised a similar issue in his application to strike out his charge but the High Court had dismissed the application and the appeal is pending at the Court of Appeal.
Subramaniam, 58, was charged for supporting LTTE through his Facebook account on Oct 7, last year under section 130J(1)(a) of the Penal Code which carries life imprisonment or jail for a maximum 30 years, or a fine upon conviction.
He was arrested by the police on Oct 10, last year and he filed a writ of habeas corpus to secure his release but he was unsuccessful in his application which was dismissed by the High Court on Oct 25, last year. - Bernama
