JUDGMENT

Raja Azlan Shah Acting LP:

This is an appeal against the refusal of the learned Judge to grant leave to apply for an order of certiorari to quash (i) the certificate issued by the Attorney-General under reg. 2(2) of the Essential (Security Cases) Regulations 1975, (ii) the consequential certificate issued by him under reg. 6(1) of the said Regulations and (iii) the consequential order of the learned Magistrate, Tampin, transferring the criminal case in question to the High Court, Kuala Lumpur.

On 10 July 1982 the appellant together with four others, one of whom is the Federal Minister of Culture, Youth and Sports, were charged in the Magistrate's Court at Tampin, Negeri Sembilan with the murder of the former Negeri Sembilan State Assembly Speaker, Dato' Mohd. Taha bin Talib, an offence punishable under s. 302 of the Penal Code read with s. 34 of the same Code. The alleged offence was committed on 14 April 1982 that is 7 days after nomination day for the Federal and State General Elections 1982 which were held on 22 April 1982.

The learned Attorney-General who appeared for the prosecution tendered two certificates under reg. 2(2) and 6(1)of the Essential (Security Cases) Re