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Judges can consider bail for terror-related charges, court rules

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KUALA LUMPUR: The High Court here today ruled that judges can consider bail applications even if the accused is charged with a terrorism-related offence.

Judge Mohd Nazlan Mohd Ghazali said the judiciary, an independent arm of the government, exists to check any excesses by the legislature and executive.

“The principle of separation of powers is a hallmark of a modern state,” he said in allowing the constitutional challenge brought by Melaka executive councillor G Saminathan, who was charged alongside 11 others with supporting the Liberation Tigers of Tamil Eelam (LTTE) group.

He also said that Section 13 of the Security Offences (Special Measures) Act 2012 or Sosma is ultra vires Articles 8 and 121 of the Federal Constitution.

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