Rule 137 of the Rules of Federal Court provides inherent jurisdiction for Federal Court to hear any application or to make any order as may be necessary to prevent injustice or to prevent an abuse of the process of the court. Inherent power within the meaning of this rule is such power found within the very nature of existence of the court itself. However, judges will usually limit and refrain themselves from invoking such inherent power. Thus, a case must truly warrant the power to be invoked. This may include a case where there was a lack of quorum, where the decision had been obtained by fraud or suppression, or where it is shown that the integrity of its previous decision was compromised in the sense that it was corrupted.
Now, what happens if every case is allowed to apply for this rule? The case will keep on being heard over and over again because the losing party will always insists that the unfavourable decision is lacking of justice. Hence, it is courts and judge’s role to ensure that he has arrived at his best conclusion and that its finding is reached by applying the relevant law which has been applied correctly, and after considering all evidences adduced before it. Each case must reach finality. Invoking this power recklessly will then cause no full stop to a case.
OLEH : NUR FARIHAH SYAHRIZA , PELATIH DALAM KAMAR
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