KUALA LUMPUR: The judiciary must uphold the Federal Constitution (FC) impartially and fairly, ensuring that the rights it guarantees are protected for all individuals without bias or favouritism.
High Court Judge Datuk Ahmad Shahrir Mohd Salleh said the rights enshrined in the FC are so sacred that not even the government can infringe upon them.
"It is indeed a daunting function which must be performed in upholding judicial impartiality as a matter of fairness for all, not a select few.
"Indeed, that is one of the hallmarks of an independent judiciary.
"When called upon to uphold fundamental rights as enshrined under the constitution, the courts do not engage in riddles and whitewashes in protecting against transgressions over those rights," he said.
Ahmad Shahrir said this in his judgment when he ordered the government to return approximately 106.54 hectares of land near Jalan Duta, which houses several government complexes, to a private company.
This decision followed his approval of the liquidator's request to transfer the land dubbed as Duta Enclave in Mukim Batu, to Semantan Estate (1952) Sdn Bhd, thereby enforcing a 2009 court order that mandates the land's transfer to its liquidator.
The land currently contains several government buildings, including the former National Hockey Stadium, the National Tennis Complex, the Institute of Islamic Understanding Malaysia, the Federal Territory Mosque, the National Archives, and the Inland Revenue Board Complex.
The judge said he was fully aware of the impact of its decision when delivering a verdict in August this year.
He said the government was, and still is in unlawful occupation of the lands due to the botched acquisition, a fact that was affirmed by the Court of Appeal and the Federal Court.
"When the acquisition was held to be invalid and the occupation of the lands by the government became unlawful, why should the lands not revert to the plaintiff?
"This court is not at all oblivious of the impact of its decision.
"Ever since the decision delivered by Her Ladyship Datuk Zura Yahya some 15 years ago, this court has been most cognisant of the ensuing repercussions," he added.
However, the same court allowed the government's application for a stay on the ruling pending appeals at the Appellate Court.
The court said the land commonly accepted as the total entree has silently witnessed the construction of several government complexes, sports facilities, as well as a few other landmarks.
He said these buildings and facilities contribute to the economy, and denying the stay of application would lead to significant and irreversible consequences.
The government originally acquired the land in 1956 for RM1.32 million under the then-Land Acquisition Enactment with the intention of developing a diplomatic (Duta) enclave.
However, the land's original owner, Semantan Estate (1952) Sdn Bhd, —founded by Eng Lian Group and Ng Chin Siu & Sons Rubber Estates Sdn Bhd— disputed the acquisition.
In 2009, the High Court ruled that the acquisition of the land owned by Semantan Estates was not lawfully executed and that the government had been a trespasser of the land.
The decision was subsequently upheld by the Court of Appeal on May 18, 2012 and on Nov 21, the same year, the Federal Court refused the government leave to appeal against the decision effectively making the High Court ruling final and binding.
In 1956, the Selangor government declared that the land belonging to Semantan Estates was required for public purposes.
In 1989, Semantan Estates filed an action against the federal government for trespassing, claiming that the taking of possession of the land was unlawful and wrongful.