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ALAUDDIN MOHD SHERIFF, RICHARD MALANJUM, HASHIM YUSOFF, ABDULL HAMID EMBONG, HASSAN LAH
HARCHARAN SINGH PIARA SINGH – Appellant
Versus
PP – Respondent
| Table of Content |
|---|
| 1. court observations on inherent jurisdiction and legal principles. (Para 1 , 16 , 28 , 29) |
| 2. arguments and application under court's jurisdiction. (Para 2 , 3 , 4 , 8 , 10 , 11) |
| 3. factual background of murder case and appeals. (Para 5 , 6 , 7) |
| 4. court's observations on inherent powers and jurisdiction. (Para 9 , 14 , 15 , 18 , 19 , 20) |
| 5. applicant's argument regarding jurisdiction and language compliance. (Para 12 , 21 , 25) |
| 6. ratio of inherent jurisdiction under the rule. (Para 13 , 17) |
| 7. ratio decidendi regarding the interpretation of legal language and jurisdiction. (Para 26 , 30 , 31) |
Richard Malanjum CJ (Sabah & Sarawak):
(1) On 10 February 2011 we heard the application by the applicant under encl. (19 (a)). After hearing the respective submissions of learned counsel for the parties, we dismissed the application. We indicated that we would give our reasons. We do so now.
(2) Briefly put, the applicant applied under r. 137 (the rule) of the Rules of the Federal Court 1995 (the RFC) asserting that this court has the jurisdiction to review its own decisions pursuant to the rule or its inherent powers.
(3) Learned counsel for the applicant submitted that
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