JUDGMENT

Arulanandom J:

This is an application by way of motion for the following orders:

(1)The Honourable Court has no jurisdiction to try the applicant under the Essential (Security Cases) Regulations, 1975 and the Essential (Security Cases) (Amendment) Regulations, 1975 as the said regulations are purportedly made under s. 2 of the Emergency (Essential Powers) Ordinance No. 1 of 1969 which is null and void and of no effect. The said regulations are accordingly void and inoperative;

(2)The Honourable Court cannot legally try the applicant until there is a preliminary enquiry before a Magistrate in accordance with the provisions of Chapter XVII of the Criminal Procedure Code (FMS 6);

(3)Any further or other order deemed fit by Honourable Court.

The applicant in this case was charged on 27 January 1976 in the Magistrate's Court, Penang. The charges against him were as follows:

First Charge:

That you on the 13 January 1976, at about 12.35 pm at the junction of Kampar Road and Ayer Itam Road, in the District of Georgetown, in the State of Penang, without lawful excuse did have in your possession a firearm, to wit, a homemade .38 Revolver, and thereby committed an offence punis