Abdul Hamid Omar LP:

This is a reference under s. 66 of the Courts of Judicature Act 1964 pursuant to leave granted to the applicants Mr. Karpal Singh and Mr. P. Patto to refer for our consideration a question of law as follows:

Whether the Court has a general inherent power to protect its process from abuse to safeguard an accused person from oppression or prejudice by striking out frivolous proceedings.

The applicants were charged before the Magistrate's Court, Kampar on 22 April 1987 with separate offences under s. 27(5)(a) punishable under s. 27(8) of the Police Act. No. 41 of 1967; Mr. Karpal Singh for having participated in an assembly in a public place without a licence from the officer-in-charge of police district, Kampar and Mr. Patto for convening an assembly in a public place without a licence from the officer-in-charge of police district, Kampar. The offences were alleged to have been committed on 30 August 1984.

At the hearing before the Magistrate on 18 July 1989, the applicants raised a preliminary objection contending that the proceedings against them amounted to oppression and in all circumstances of the case the prosecution was oppressive and repugnant to