of Gadek assemblyperson G Saminathan, who is one of the suspect in the LTTE arrests.
The landmark decision by the High Court judge that the power to grant or not to grant an appeal cannot be snatched from the judiciary by the executive provides fresh hopes for those detained under the Security Offences Act of 2012 or Sosma.
This might take months or even years. Whether those charged are guilty or not are kept in remand for a long period. It is a stain on the justice system to keep those arrested who might be innocent incarcerated under the guise of remand.It is not up to the executive branch to decide whether those detained have the right to appeal or not.
Some might even say that courts might have abdicated their constitutional role if they had sidestepped the matter of executive usurpation on issues of judicial prerogative. While Thomas’ role in consenting to the charges against the 12 detainees remains shrouded in mystery, perhaps the time has arrived for him to show how he could set them on the path of freedom.
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