APRIL 20 — In the case of Ahmad Zubair Hj Murshid v PP [2014], the accused was charged in the Sessions Court with two principal amended charges under Section 409 of the Penal...
Ahmad Zubair Hj Murshid v PP
The accused’s appeal to the Court of Appeal was also dismissed by the appellate court which held that the High Court was correct in not exercising its inherent jurisdiction to set aside and quash the charges against the accused. Malaysian courts must pause to consider the constitutional consequences of relying on the English common law concept. The Federal Constitution is specifically declared to be the supreme law of the land. — Reuters file pic
The discretion vested in the Attorney General is unfettered and cannot be challenged and substituted by that of the court’s. Where the legislature has provided a particular mode of action or has vested an authority with powers to act in a particular manner and has prescribed the conditions limiting the scope of such action, the court cannot act outside those powers and conditions.
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