KUALA LUMPUR (Oct 2): A former aide to Prime Minister Datuk Seri Anwar Ibrahim, Muhammed Yusoff Rawther, who is facing a drug trafficking charge, has filed an originating summons at the High Court to challenge the constitutionality of Section 41B of the Dangerous Drugs Act that bars those charged from being released from prison while awaiting trial.
Yusoff filed the application on Sept 27, through Messrs Law Practice of Rafique, and the matter has been fixed for case management on Oct 23 before a deputy registrar.
Besides challenging the constitutionality of Section 41B, Yusoff also wants Section 388 of the Criminal Procedure Code to be applied. In his affidavit in support of the application, Yusoff said that Section 388 allows the court to be recognised, on the principle of basic structure, as having the jurisdiction to grant bail.
Also in his affidavit, Yusoff alleged fabrication that led to the charge, and also alleged that there are people within the “corridors of power” who want to see him incarcerated, as he had filed a sexual assault suit against Anwar which is scheduled for hearing in June next year.
On Sept 12, at the Magistrate’s Court, Yusoff was charged with one count of trafficking 305 grammes of cannabis at the Kuala Lumpur Police Contingent Headquarters' surau on Sept 6.
Yusoff claimed that while on remand at Sungai Buloh Prison, he had been placed in a cell block together with death row prisoners, resulting in him facing mental anguish.