JUDGMENT

Augustine Paul J:

This is a motion for a writ of habeas corpus filed by Mohd Nazir bin Badar Shair ("the applicant") against the three respondents. The motion was supported by an affidavit affirmed by the applicant's mother, one Che Ton binti Judin. The respondents filed a total of 11 affidavits in support of their case.

When the motion was called up for hearing before me on 13 March 2000 learned counsel for the applicant raised a preliminary objection to the effect that three of the affidavits filed by the respondents were defective as the jurats were not properly placed. The three affidavits are encls. 12, 13 and 17 of the court file. In support of his objection he relied on the case of Voon Mow Chen v. Menteri Dalam Negeri & Anor [1993] 4 CLJ 195. In his reply the learned senior federal counsel contended that the Rules of the High Court 1980 ("the RHC") do not say that the whole jurat must be on the same page. He then proceeded to raise a preliminary objection himself with respect to the affidavit filed in support of the motion. He referred to the case of Syed Ali bin Mohamed Kutti v. Menteri Dalam Negeri Malaysia & Anor [1998] 2 J Cr 449 and contended that the affidav