Are High Courts bound by other High Court decisions?

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High Courts Are Not Bound by Decisions of Other High Courts of Equal Status

High Courts are not legally obligated to follow decisions made by other High Courts within the same judicial hierarchy. This principle stems from the equal status of High Courts, meaning each High Court judge has the authority to make independent rulings. However, High Courts are bound by decisions from superior courts, specifically the Court of Appeal and the Federal Court, which form the apex of the Malaysian legal system.
Independence of High Court Rulings

The Malaysian judicial structure designates High Courts as courts of coordinate jurisdiction. This means that a decision rendered by one High Court judge, such as the ruling by Judge Mohd Nazlan Mohd Ghazali regarding Section 13 of the Security Offences (Special Measures) Act 2012 (Sosma), does not automatically bind another High Court. Judges presiding over different High Courts, like Judiciary Commissioner Datuk Ahmad Shahrir Mohd Salleh, Judge Datuk Muhammad Jamil Hussin, and Judge Collin Lawrence Sequerah, are empowered to consider arguments and make their own determinations on similar legal matters.
Hierarchy of Precedent

In contrast to decisions from courts of equal standing, rulings from higher courts establish binding precedent. This means that the Court of Appeal and the Federal Court have the authority to set legal principles that all lower courts, including the High Courts, must adhere to. The principle of stare decisis, or the adherence to precedent, is a cornerstone of common law systems, ensuring consistency and predictability in the application of law. Therefore, while a High Court may find a previous decision from another High Court persuasive, it is not compelled to follow it if it deems it incorrect or inapplicable to the specific facts of its case.
Application in Bail Hearings

This legal principle is currently being tested in the context of bail hearings for individuals charged in connection with the LTTE terrorist group. Three High Courts are hearing submissions on whether they are bound by a previous High Court declaration that Section 13 of Sosma is unconstitutional. The accused's counsel argues that since the Attorney-General's Chambers has not appealed Judge Mohd Nazlan's decision, it remains effective. However, the prosecution is expected to present its case on the merits of each bail application, acknowledging the independent discretion of each High Court in these matters.

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Are High Courts bound by other High Court decisions?

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