Judge Mohamed Zaini Mazlan said businessman B Subramaniam is charged under Section 130J (1)(a) of the Penal Code, which provides for a life sentence upon conviction.

“I disagree that Section 13 of Sosma to detain the accused is unconstitutional,” he said in an oral judgment.

The judge said he wished the applicant all the best in the Court of Appeal.

Subramaniam, 57, is charged with giving support to Liberation Tigers of Tamil Eelam (LTTE) through social media under the username of UsSubra Subramaniam.

Zaini’s ruling is a departure from a decision made by another High Court judge, Mohd Nazlan Mohd Ghazali, who said Section 13 is unconstitutional.

On Nov 29, Nazlan said courts could consider bail applications as the judiciary, being an independent arm of the government, existed 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.

On Dec 13, Attorney-General Tommy Thomas said in a statement he was not appealing Nazlan’s decision as Parliament and those who drafted Sosma did not take into account the judicial function of the courts.

Lawyer S Selvam said he would be filing a motion in the Court of Appeal today to obtain bail and also appeal against Zaini’s ruling.

Aslinda Ahad and Rohzaiza Abd Rahman appeared for the prosecution.