TTF previously made note of the conflict of interest that existed in Ramkarpal’s representation of Saminathan in that the former is himself a lawmaker representing a party that is part of the federal government.
Accordingly, the act of Ramkarpal representing Saminathan makes it a case of “a lawmaker linked to the federal government representing another lawmaker linked to the same government on the instructions of a minister of the said government.”
Ramkarpal was instructed by Lim Guan Eng to represent Saminathan, who was arrested by the the Royal Malaysian Police (PDRM) which answers to the Home Ministry under the same administration Ramkarpal belongs to.
This effectively makes it a “government challenge against government authority by instructions of a government minister.”
PETALING JAYA: A news report claims that lawyers acting for DAP’s G. Saminathan convinced the High Court to grant him despite the invocation of the Security Offences (Special Measures) Act for his detention.
According the report, the presiding judge, Mohd Nazlan Ghazali, found that a provision in Sosma barring courts from considering bail was unconstitutional as it effectively allowed the executive to override the judiciary, violating the separation of powers among the different branches of government.
The landmark decision will benefit others still detained using the detention law, including another DAP assemblyman, two other DAP members and a PKR member, despite already being charged with supporting or possessing material related to the Sri Lankan terrorist organisation.
The organisation isn’t defunct.
On the 5thof November 2019, TTF posted:
Despite claims that the terror organisation is defunct, Sri Lankan authorities raided a safe house operated by a prominent LTTE member in Ambalamkulam as recent as the 15th of October this year and recovered a haul of explosives and firearms.
Elsewhere, the Royal Malaysian Police (PDRM) arrested two DAP assemblymen, two other party members with positions in state municipalities and a PKR member in a dragnet that also saw the arrest of seven other individuals with suspected links to the terror group.
In a televised press conference just two days prior to the Sri Lankan arrests, Bukit Aman’s Special Branch Counter Terrorism Division (E8) principal assistant director Datuk Ayob Khan Mydin Pitchay said the police traced huge financial transactions involving the arrested who were believed to be acting as operatives on a mission to activate the LTTE group in the country.
Meanwhile, lawyer Ramkarpal Singh, who represented Saminathan, previously argued that the provision denying Sosma detainees bail was an overreach of the constitutional article that allowed the passage of security laws that may infringe on some civil liberties.
Ramkarpal also said this effectively usurped the role of the judiciary as well as its lawful discretion in such matters.
However, TTF previously made note of the conflict of interest that existed in Ramkarpal’s representation of Saminathan in that the former is himself a lawmaker representing a party that is part of the federal government.
Accordingly, the act of Ramkarpal representing Saminathan makes it a case of “a lawmaker linked to the federal government representing another lawmaker linked to the same government on the instructions of a minister of the said government.”
Ramkarpal was instructed by Lim Guan Eng to represent Saminathan, who was arrested by the the Royal Malaysian Police (PDRM) which answers to the Home Ministry under the same administration Ramkarpal belongs to.
This effectively makes it a “government challenge against government authority by instructions of a government minister.”
How could the court have missed this?
THE THIRD FORCE
