G Saminathan’s lawyer Ramkarpal Singh told High Court judge Mohd Nazlan Mohd Ghazali that the letter was sent to Tommy Thomas on Monday.
“The AG needs time to consider it and hopes the court can allow a short adjournment,” he said without disclosing the nature of the appeal.
Deputy public prosecutor Muhammad Iskandar Ahmad said he had no objection to postponing the hearing on whether bail can be offered to those charged with terrorism-related offences.
He added that he would be meeting with Thomas on Friday.
Nazlan fixed Nov 26 for parties to update the court on the AG’s decision.
FMT understands that Saminathan, who is the assemblyman for Gadek, wants the prosecution to agree that his challenge to the constitutionality of Section 13 (2) of the Security Offences (Special Measures) Act 2012, or Sosma, be heard in the High Court.
Last week, deputy public prosecutor Izhanudin Alias told Nazlan that any challenge of that nature must be referred to the apex court for final determination.
FMT also understands that Saminathan’s argument is supported by a ruling by Chief Judge of Malaya Azahar Mohamed that the High Court is competent to hear constitutional challenges to an act of Parliament.
That verdict came about on Monday when Azahar dismissed an application to grant leave to a lawyer seeking a declaration that an amendment to the Education Act 1996 allowing the continued existence of vernacular schools is unconstitutional.
Mohd Khairul Azam Abdul Aziz filed the motion on Oct 23.
On Nov 1, Sessions Court judge Rozina Ayob allowed the applications by Saminathan and three others to refer to the High Court on whether they can be offered bail despite being charged with alleged links to LTTE.
Saminathan, taxi driver V Balamurugan, dispatch rider S Teeran, and scrap metal dealer A Kalaimughilan had been charged with knowingly giving support to the terrorist group on Facebook.
Another eight men were also charged with similar offences before two other Sessions Court judges, with their lawyers raising the constitutionality of Section 13 (2) as well.
Ramkarpal, who is appearing for Saminathan, said it was illegal for the executive, through the legislature, to usurp the court’s authority to remove the discretionary power of judges to offer bail under Sosma.