Justice Ahmad Shahrir Salleh said, however, that fundamental rights entrenched in the Federal Constitution must be upheld without sanctimony.
“It is indeed a daunting task that must be performed in upholding judicial impartiality as a matter of fairness for all, not just a select few,” Shahrir said in a 12-page judgment setting out his reasons for giving effect to a High Court ruling made in 2009.
He insisted that the court does not engage in “riddles or whitewashes” when protecting against transgressions of constitutional rights.
“So sacrosanct are these fundamental rights that not even the powers of the state could encroach upon (them),” the judgment read.
Shahrir noted that Semantan Estate had filed an originating summons for an order under Section 417 of the National Land Code seeking the reinstatement of its name as the rightful owner of the property in the register of titles.
Senior federal counsel, representing the Federal Territories’ registrar of titles, had argued that the 2012 ruling did not effectuate the transfer of the land to Semantan Estate but merely recognised the company as its beneficial owner.
Dismissing the contention, Shahrir said it is indisputable that the government was, and still is, in unlawful occupation of the land because of a botched acquisition.
“If this court were to accede to the arguments presented by the senior federal counsel, it would mean the defendant could continue to trespass on the land. Respectfully, that would be contrary to the 2009 judgment,” he said.
On Sept 12, Shahrir also granted a stay of his order requiring the government to transfer the land in Batu, Kuala Lumpur, to Semantan Estate, on the grounds that his ruling would not prejudice the company.
The Court of Appeal is scheduled to hear the government’s appeal on Nov 7.
The Duta Enclave, acquired by the federal government in 1956, houses the National Archives, the Kuala Lumpur shariah court and other government complexes.
It has also quietly witnessed the construction of several government complexes, sports facilities and other landmarks.
In 2003, Semantan Estate filed a lawsuit against the government, alleging encroachment following an unauthorised land seizure.
In 2009, judicial commissioner Zura Yahya ruled that Semantan Estate had retained its beneficial interest in the land, which had been unlawfully possessed by the government and subjected to trespass.
The government subsequently filed an appeal, which was struck out on May 18, 2012.
On Nov 21, 2012, the Federal Court denied the government’s application for leave to appeal the decision.
In 2018, the Federal Court once again dismissed the government’s application to review its previous decision.
Semantan Estate initiated the present lawsuit against the Kuala Lumpur land registrar in February 2017 to enforce the 2009 High Court judgment.