Ramkarpal Singh said it would be most unfair and inhumane to exclude convicted persons and only apply the amendments to those who were on trial or whose cases were on appeal.

The Bukit Gelugor DAP MP said he had proposed two amendments that would enable the DDA amendments to be applied retrospectively and enable those already convicted or currently on death row to ask for a review of their sentence in the High Court.

“After all, both categories of persons are charged for the same offence and the new law should apply equally to all affected, which will be consistent with our Federal Constitution,” he said in a statement.

Last week, Ramkarpal and Batu Kawan DAP MP Kasthuraani Patto had said in a joint statement that the government ought to consider the principle that all persons are equal before the law and allow the amendments to apply to all, regardless of when the offence was committed.

The duo said it was inhumane and blatantly discriminatory on the part of the government not to do so.

Earlier, Minister in the Prime Minister’s Department Azalina Othman Said said the government would amend an earlier proposal and give full discretion to the judge to mete out life imprisonment instead of the death penalty.

Lawyers, civil society and opposition MPs were up in arms following an initial suggestion that the public prosecutor would have a role in the sentencing of traffickers.

It was suggested that the public prosecutor would issue a certificate to the court to impose a jail term on the convicted trafficker for their cooperation with law enforcement agencies during investigations.

Ramkarpal, who is a lawyer and accustomed to handling persons charged with trafficking and possession cases, said it was imperative for the public prosecutor not to play any part in the sentencing process.

“I am happy the government has recognised this vital principle by amending the said section and maintaining the position that sentencing must always remain in the domains of the judiciary,” he said.

The amendments are expected to be debated in the Dewan Rakyat later today.

Drug Act to be amended so judges have full discretion

MPs: Public prosecutor has no right interfering in sentencing