Suffian LP:

This application is before me in my capacity as a Judge of the Federal Court.

The applicant was charged with committing armed robbery under ss. 392 and 397 of the Penal Code, an offence punishable under s. 5 of the Firemans (Increased Penalties) Act 37 of 1971 as amended.

If convicted he is liable to imprisonment for his natural life and with whipping with no less than six strokes.

Also charged with him was one Ooi Chooi Toh who figured in the case of Ooi Ah Phua v. OCCID Kedah/Perlis [1975] 2 MLJ 198.

The applicant's Counsel argued that the Firemans (Increased Penalties) Act 37 of 1971 as amended by the Firemans (Increased Penalties) (Amendment) Act A256 of 1974 is "ultra vires the Federal Constitution as it contravenes article 8(1) of the Constitution and is therefore void."

Article 8(1) reads -

All persons are equal before the law and entitled to the equal protection of the law.

On 30 March 1976, at the close of the case for the prosecution, Counsel for the applicant applied for an adjournment to enable him to obtain the leave of a Judge of the Federal Court to start proceedings for a declaration that the Act is void for the reason already stated. The