The contrasting High Court decisions pertaining to Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma) illustrate this point well. Despite the two opposing counsels adopting a common stand, the High Court judge was not to be moved. Much as we applaud the decision of High Court Judge Akhtar Tahir, who ruled that children born overseas to Malaysian mothers are entitled to citizenship by operation of law, another High Court judge may decide differently. If then Attorney General Tan Sri Tommy Thomas had appealed against Justice Nazlan’s decision, a higher court – Court of Appeal – would have decided on the matter. That decision would have been binding unless appealed against to the Federal Court whose decision would be the final binding decision on the matter.
