The Kuala Lumpur High Court will deliver its decision tomorrow on whether an "emergency" regulation could be used in prosecuting the 29 Al-Ma'unah members for "treason".

Justice Zulkefli Ahmad Makinudin reserved judgment today on the validity of 1975 Essential Security Cases (Amendment) Regulations (Escar) after hearing submissions from defence counsel Karpal Singh and Attorney-General Mohtar Abdullah.

Karpal, who is representing Al-Ma'unah leader Mohd Amin Abdullah, had objected to the use of Escar in the prosecution of the case and said that the trial should be halted immediately.

Karpal submitted to the court last Thursday that Escar was invalid on two grounds, firstly it gives a right of appeal only to the Supreme Court, which does not exist now, and secondly, the regulations were enacted under an Act passed by reason of the proclamation of emergency in 1969 and that proclamation itself is invalid ([#1]Escar invalid, hence should not be used in trial, says lawyer[/#], Sept 27)

Mohtar had replied that Escar remains a good law and could still be used in place of the commonly used Criminal Procedure Code in prosecuting the 29 Al-Ma'unah members ([#2]Escar still good law, says AG[/#], Sept 28).

He said that the position of the former Supreme Court was the same as the present Federal Court and that the right of appeal to any court depends on the legal provisions which are available, adding that by this, an appeal straight to the Federal Court as ascribed by Escar was valid

He also said that the Federal Constitution, as it was then and now, gave powers to the King to act on his own in declaring any emergency.

Lack of jurisdiction

Continuing his submission today, Mohtar said the 1969 proclamation of emergency was valid, adding that no one could challenge the proclamation in any court on any grounds.

"In addition, no court has any jurisdiction to hear any legal challenges on the proclamation," Mohtar said.

"The 1969 emergency proclamation was lawfully made by the King after he had been satisfied that a grave emergency existed," he added.

The 29 Al-Ma'unah members are being charged for waging war against the Yang di-Pertuan Agong and prosecution is being done under Escar and not the commonly used Criminal Procedure Code.

They are alleged to have committed the offence between June and July 6 at Pos 2, Km 19, Kuala Rui, Jalanraya Timur-Barat, Grik; Batalion 304, Infantri (AW), Kem Grik, Grik; and in Bukit Jenalik, Sauk, all in Perak ([#3]Twenty-nine Al-Ma'unah members claim trial[/#], Aug 9)

They are alleged to have stolen a cache of weapons and ammunition from two military camps by impersonating as army officers in the early hours of July 2.