JUDGMENT

Eusoffe Abdoolcader SCJ:

This appeal from the judgment of Zakaria Yatim J made on 5 March 1987 revolves around the sole and primal issue of the constitutional validity of s. 418A of the Criminal Procedure Code (FMS Cap. 6) (`the Code') in relation to the provisions of Article 121(1) of the Federal Constitution. To circumscribe reiteration and obviate prolixity, all references in this judgment to sections and articles, unless otherwise specifically indicated, relate to the Code and the Federal Constitution respectively.

The respondent was charged on 19 December 1986 in the Sessions Court at Kuala Lumpur on two charges of criminal breach of trust to which he claimed trial. When his case was mentioned again in the Sessions Court on 29 December 1986 the Deputy Public Prosecutor tendered a certificate issued by the Public Prosecutor under s. 418A requiring the case to be removed to the High Court and this was promptly complied with in view of the peremptory requirement of subsection (3) thereof. The respondent was then formally arraigned in the High Court at Kuala Lumpur on 6 January 1987 when objection was taken on his behalf to the transfer of the case from the Sessions-Cour