27 Sept 2021
PENDAKWARAYA Mohamad Bukhari bin Abdul Aziz
- Citation
- BA-43-36-09/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-43-36-09/2021 (Mahkamah Tinggi)
Section 12 FIPA, insofar as it operates as a complete prohibition removing the court's power to consider bail, is ultra vires Article 121 because it effects a total ouster of judicial power; absent s.12 the court may exercise its discretion under s.388 KTJ to grant bail and the Sessions Court did not err in granting RM10,000 bail with conditions, so its order is upheld.