JUDGMENT

Gopal Sri Ram JCA:

The Background

The appellant, Sukma Darmawan Sasmitaat Madja, was produced before the Sessions Court at Kuala Lumpur on 19 September 1998. He was charged with an offence of gross indecency under s. 377D of the Penal Code. He pleaded guilty and admitted the facts tendered by the prosecution in support of the charge. He was found guilty, convicted and sentenced to a term of imprisonment of six months.

On 27 October 1998, he moved the High Court at Kuala Lumpur for a direction in the nature of a habeas corpus ad subjiciendum under s. 365 of the Criminal Procedure Code. The substance of the appellant's case is that the Sessions Court had no jurisdiction over him. His plea of guilt is therefore quite useless. Since there was want of jurisdiction, his detention in prison is pursuant to an order that is null and void and of no effect. He is therefore entitled to immediate release.

The application was heard before Abdul Wahab Patail J, who dismissed it on 7 November 1998. It is against that decision that the present appeal has been brought.

The Issues

There are two issues that lie at the heart of the appeal. Both are of high constitutional importance. So far