Provision for differing views
14/07/2007 NST

KUALA LUMPUR: It is perfectly fine for a judge of a lower court not to follow a ruling of a superior court.

Former Bar Council chairman Datuk Kuthubul Zaman Bukhari (picture) said this was allowed provided the inferior court judge was able to differentiate the case before him and the one decided earlier.

"He has the liberty to come out with a different conclusion but it must be anchored on strong legal grounds," he said in response to Court of Appeal judge Datuk Gopal Sri Ram who refused to follow the interpretation of the Federal Court in the controversial Adorna Properties Sdn Bhd vs Boonsoom Boonyanit case.

He said over the last six years, the legal fraternity and academia had expressed reservations about the ruling.

Kuthubul said parliament could make amendments to Section 340 of the National Land Code to bring clarity to the provision.

Lawyer M. Manoharan said the Federal Court should seize the opportunity as soon as possible to review the earlier ruling.

"If need be, a larger Bench should be empanelled because the issue touched a fundamental right," he said.