Lamin Mohd Yunus PCA:

For the purpose of the deliberation on the cases before us we reproduce below the text of cl. (3) of art. 145of the Federal Constitution:

145(3) The Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a syariah court, a native court or a court-martial.

This clause states categorically that the Federal Constitution, the supreme law of the land, confers the Attorney-General with the power to institute, conduct or discontinue any proceedings for an offence "other than proceedings before a syariah court, a native court or a court-martial" because of the words "shall have power". However, he can only exercise that power pertaining to proceedings only in a civil court because the clause expressly does not allow him to appear in other courts namely any syariah court in the country, the native court and any court-martial. Of course to institute a proceeding etc. shall be at his discretion. His power relates to proceedings "for an offence" in a civil court meaning in our view from a magistrate court to the highest civil court in the country namely t