JUDGMENT

Eusoff Chin CJ:

This appeal was argued before us on 3 March 1999. We confirmed the decision of the Court of Appeal and dismissed the appeal.

The appeal centred on art. 121 of the Federal Constitution, in particular cls. (1) and (1A). The learned counsel for the appellant contended that the Sessions Court had no jurisdiction to try the appellant for committing an act of gross indecency, an offence under s. 377D of the Penal Code because the offence of 'Liwat' is triable by the Syariah Court. We quote the relevant provisions of the law:

Article 121 of the Federal Constitution states -

121. (1) There shall be two High Courts of co-ordinate jurisdiction and status, namely:

(a) one in the States of Malaya, which shall be known as the High Court in Malaya and shall have its principal registry in Kuala Lumpur;

and

(b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Sabah and Sarawak and shall have its principal registry at such place in the States of Sabah and Sarawak as the Yang di- Pertuan Agong may determine;

and such inferior courts as may be provided by federal law and the High Courts and inferior courts shall have such jurisdiction a