Azmi LP:

[1] The learned Judge at Johore Bahru has referred under s 48 of the Courts of Judicature Act, 1964, for our determination the following question:

"Are the provisions of the Restricted Residence Enactment authorising the detention and/or the deprivation of liberty of movement contrary to the provisions of the Federal Constitution and void?"

[2] The facts would appear to show that one Assa Singh s/o Teja Singh was arrested and detained by the order of the Mentri Besar of the State of Johore under the Restricted Residence Enactment (Cap 39 of the Laws of the Federated Malay States) in exercise of powers purported to have been delegated to him under LN 279 dated 20 August 1959 by the Minister of Interior and Justice. I will hereafter refer to the Restricted Resident Enactment as "the Enactment."

[3] Assa Singh immediately after arrest protested against his arrest and detention. Among other things, he complained that he was never informed of the reasons for his arrest and detention, but this was however disputed in the affidavit sworn by the police officer responsible for his arrest.

[4] On or about 3 October 1968 Dato' Marshall for Assa Singh filed a motion in the High Cou