KUCHING: Moving the principal Registry of the High Court of Sarawak and Sabah out of Kuching requires the consultation between the Prime Minister, with Chief Ministers of Sarawak and Sabah and the Chief Judge of the High Court in the States of Sabah and Sarawak.
Only when such consultation has been done can the Prime Minister advise the Yang di-Pertuan Agong, said veteran lawyer Datuk Seri Dr Wan Junaidi Tuanku Jaafar yesterday.
Junaidi pointed to Article 121(1)(b) of the Federal Constitution, which says “one (high court) 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 a place in the States of Sabah and Sarawak as the Yang Di Pertuan Agong may determine”.
However, he said Article 121(4) of the Federal Constitution says, “In determining where the principal registry of the High Court in Sabah and Sarawak is to be, the Yang Di Pertuan Agong shall act on the advice of the Prime Minister, who shall consult the Chief Ministers of the States of Sabah and Sarawak and the Chief Judge of the High Court.”
“Having read Article 121(1)(a) and Article 121(4), the next question to ask is whether the Head of Registry has ensured that the removal of the principal registry of the High Court of the States of Sabah and Sarawak from Kuching to Kota Kinabalu has complied with the constitutional provisions mentioned above, or not.
“We are not privy to any communication to confirm or to deny such compliance,” he said.
Junaidi, who is also Santubong MP, said to do otherwise means not only subject the administrative decision to be constitutionally doubtful, but subject the action of the judiciary that is supposed to observe and protect the constitution and law to be questionable.
“Further, the administrator of the judiciary has, in fact, ignored and breached the very provisions it is supposed to protect.”
