Exercise of judicial power to transfer a case must not give impression that litigants can do judge shopping and judge picking — Hafiz Hassan

AUG 11 — Once a criminal case reaches a court, it is seized with jurisdiction and power over the case including the power to transfer the case to another court, albeit not...

Exercise of judicial power to transfer a case must not give impression that litigants can do judge shopping and judge picking — Hafiz HassanAUG 11 — Once a criminal case reaches a court, it is seized with jurisdiction and power over the case including the power to transfer the case to another court, albeit not randomly.

The court is not subject to the dictates of the prosecution once it has taken cognisance of the offence committed by the accused who has been brought and charged before it. The court takes full charge and control of the criminal proceeding to ensure one, and only one, thing: that justice is served. “From then on, the whole conduct of the proceedings should be within the exclusive judicial power of the court until its conclusion.”, High Court Judge Muniandy Kannyappan, after citing Mohd Azmi FCJ, said as follows:

“Judicial power is the power every Sovereign State must of necessity have, to decide controversies between its subjects or between itself and its subjects, whether the rights related to life, liberty or property.”

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