JUDGMENT

Hashim Yeop A Sani J:

At the outset I would like to make a few general observations with regard to this application. First, the application is made under s. 417 of the Criminal Procedure Code. It should be borne in mind that broadly speaking, the primary object of that section is to ensure a fair and impartial trial. I have examined the affidavit of the applicant and have found nowhere in the affidavit to show that a fair and impartial trial cannot be had in the Court before which the applicant is charged. Secondly, s. 417 of the Criminal Procedure Code should be construed as an exception to the ordinary rule on jurisdiction and venue of hearing. The power of transfer under this section should in my view be exercised only if it appears to the Court that not to do so may result in an unfair or unimpartial trial or otherwise appears to the Court expedient in the interest of justice. Thirdly, an offence of sedition under s. 4 of the Sedition Act, 1948 is an ordinary criminal offence which should normally be tried in the ordinary Court of appropriate jurisdiction. The fact that a politician is involved by itself alone should not alter the position. The assurance given by the H