Judges should always take into consideration basic principles of law in making their decisions, a former Federal Court judge has reminded, in light of the "bin Abdullah" case.
In a forum organised by the Bar Council on the issue tonight, retired judge Gopal Sri Ram pointed out that the word "fatwa" is not mentioned anywhere in the Births and Deaths Registration Act (BDRA).
The director-general of the National Registration Department (NRD), therefore, had taken into account an irrelevant consideration and made a wrong decision in the matter, Sri Ram said
Lawyers and judges, on the other hand, are required to look at relevant statutes and to thus determine what a particular statute would require them to do, he added.
"We say right, at the end of the day, the decision maker took into account irrelevant considerations then his decision is quashed," he added...