JUDGMENT
[1] The Applicant was arrested on 20 June 2021 and subsequently detained under subsection 4(5) of the Security Offences (Special Measures) Act 2012 ("SOSMA") from 20 June 2021 to 13 July 2021.
[2] On 28 June 2021, the Applicant filed a Writ of Habeas Corpus against the 28 days of his detention under SOSMA at the Kuala Lumpur High Court.
[3] On 13 July 2021, the Applicant was charged under s 130V(1) of the Penal Code before the Sessions Court in Kuala Lumpur.
[4] The High Court then dismissed the Applicant's Writ of Habeas Corpus application on the ground that the application has been rendered academic. The Applicant appealed to the Federal Court.
[5] On 11 January 2022, the Federal Court heard the appeal and remitted the case to the High Court and directed the Habeas Corpus application to be heard on its merits.
[6] The Habeas Corpus application was heard on its merits and on 8 June 2022, the High Court ruled that there has been a procedural noncompliance with subsection 4(2) of SOSMA but no Writ of Habeas Corpus was issued as the Applicant is now in remand pending trial for a charge under s 130V of the Penal Code.
[7] On 8 November 2022, the Applicant filed a second appeal before the Federal Court. A constitutional issue arose in the second appeal and the Federal Court directed that the constitutional issue be heard before the High Court.
[8] The only constitutional issue to be heard is "Whether subsection 4(5) of SOSMA is in contravention of art 121 of the Federal Constitution ("FC") and thus unconstitutional".