The decision of the Federal Court in the case of Boonsom Boonyanit was reversed by a five-member panel. Today is an extraordinary day for Malaysians.

The wrong decision of the Boonyanit case has relentlessly dogged property owners for a long time without any form of certainty.

Now that the said decision has been reversed, the following pertinent questions are worthwhile of consideration:

1. Is there any re-course for Boonyanit in light of the reverse?

2. Is there any re-course for those who have lost their properties in the similar way?

3. Can the government and the relevant Land Registry be sued by the claimants either asking for appropriate compensation or in the alternative demanding that the Registry memorials be reversed to reflect the original position?

4. If there exist no plausible cause of action either against the government or the relevant Land Registry, what other remedies can the claimants ask for?

5. The government the relevant Land Registries must now quickly engineer and fashion a new system for transfer and registration of title deeds so as to safeguard and protect genuine owners.

6. In respect of past fraudulent transfers, will the government take appropriate action against all those responsible?

Reversal a courageous move

It is to be noted with concern that an outrageous injustice has been done to Boonyanit. It is to be remembered at all times that it is the duty of the judge to administer justice according to law.

The reversal is a courageous move and clearly demonstrated an unprecedented step which is welcomed by both practitioners and landowners. This behaviour and pattern must continue.

The Federal Court today created a landmark decision consistent with the law and the corrections made are welcomed.

A court of law must never stand by a wrong judgment and be oblivious to whatever injustice that decision give rise to. The reversal is a clear endorsement that the Federal Court has broadened the horizons of freedom.

“Lest we forget, we should remind ourselves that judges are not above the law. Not even the judges of the Federal Court; not even the chief justice. Judges must obey the law like everyone else.

“No right thinking judge would ever go against the law and neither the Federal Court nor the chief justice could compel the good judges to ignore the statute law when it is clear on the point. They could not make use of the feeble pretext of interpreting the statute when there is nothing to interpret at all.”

Section 340 of the National Land Code is clear on that point in NH Chan’s ‘How to Judge the Judges’.

R KENGADHARAN, a lawyer, is former Internal Security Act detainee.

Federal Court says ex-CJ wrong on land title