Thursday 4 October 2012

Judges move to ditch the executive shackles

YOURSAY 'I notice of late a few judges have been making a serious effort to pass sensible judgments without looking back fearfully over their shoulders.'

Five ex-ISA detainees awarded RM4mil in damages

Gerard Lourdesamy: A brilliant judgment from justice Lau Bee Lan who has proven once again to be a highly competent and impartial judge. She has not been sent to the Court of Appeals simply because of her judgment in the 'Allah' case.

She is indeed a dying breed of judge who upholds her oath to defend the constitution and the supremacy of the constitution over laws that provide for preventive detention through the arbitrary exercise of powers by ministers who very often in the name of national security and public safety seek to restrict our fundamental liberties to the point of them becoming insignificant and illusory.

All this is done to prevent public criticism and dissent against the ruling party. The quantum of damages and costs involved is not important but rather that great principle which we call freedom from tyranny.

Congratulations to the plaintiffs who have been vindicated at the hands of subservient police force who have lost all respect and credibility under 55 years of Umno-BN hegemony.

Dr Jag#04496187: Justice Lau upheld the supreme law of the land. If the Court of Appeals overrule her by overturning her wise decision, it will prove the supreme law is an extreme flaw where constitutional guarantees become irrelevant.

Sickening: The judiciary is the last bastion for the people who had been wronged. For too long the Malaysian judiciary has not been convincing to the ordinary people of its independence to the interfering political masters.

Shameful judgments were made by judges whose names are only fit to be framed into "who is who" book of the lowest caste of human trash.

These are treacherous human beings who betrayed the very people who needed their help. It is indeed a welcome sign that there are brave judges like justice Lau still around.

Gemencheh: Bravo, justice Lau Bee Lan. You are one of very, very few who dared to carry out your oath-bound duty without fear or favour. God bless and protect you. Yes... let justice roll down like water, and righteousness like an ever-flowing stream.

Lucifer: Justice Lau and justice Abang Iskandar Abang Hashim (who decided in favour of Malaysiakini in its print licence case on Monday) are known for their integrity in the judiciary.

Both are pleasant judges with proper decorum in all matters. Their decisions show transparency and separation of power in the true sense.

Sarajun Hoda: It looks clear from several recent judgments that the judiciary has decided to remove the executive shackles over it, and has declared freedom from executive control, finally.

The judiciary dignity is now being reclaimed and restored. This is a victory for all Malaysians. We congratulate the judges.

Abuminable: I notice of late a few judges have been making a serious effort to pass sensible judgments without looking back fearfully over their shoulders. Even they must feel that a radical change is in the air!

My heartiest congratulations to all former ISA detainees who continue to do battle against the nine-headed hydra of gross injustice hiding behind antiquated laws. This is very positive news indeed.

Ferdtan: Among these five ex-ISA detainees, social activist Hishamuddin Rais is the most colourful of all. He is still very much committed to fight for justice, never wavers, never tempted by wealth, and his political activism never left him even from his student days to now.

He was among the famous three student leaders in the Baling Peasant Protest 1974, which included Anwar Ibrahim and Perkasa Ibrahim Ali. Both Anwar and Ibrahim joined Umno later. He escaped arrest and fled to United Kingdom and lived a self-imposed exile for 20 years before returning home in 1994.

As the ‘never-say-die' activist he is, he got himself involved with the ‘Free Anwar Reformasi' movement and he finally landed in detention for two years under ISA in 2001.

With no title, not wealthy and still single but married to a cause, he is my idol anytime for staying true to one's cause.

Chikadee: Indeed, Hishamuddin stayed true to his belief. A radical as I saw him then, but I truly admired him. I was in the same residential college when he fled. May Allah bless you always.

FellowMalaysian: These are five courageously brave men have stood up against injustice, heinous persecution and absolute tyranny.

Today, through their perseverance and unshaken resolve, they now have shown to us that there's a silver lining behind the dark clouds. Well done our five heroes; we salute you.

1malaysia2perak3katak: This is all a sandiwara. The judiciary is not independent, so be weary of its repercussions.

Fair Play: There is a saying, a swallow does not a summer make. Is change a coming? Perhaps the recent rulings by the High Court might herald the dawn of a new era.

For the rakyat, perhaps hope is the only thing left. Where there is hope, there is a future.

Durio Zibethinus: If PM Najib Razak is serious about law and order, then he should ask the AG (attorney-general) not to appeal.

If the appeal goes up to the Court of Appeals, then it's up to these more senior judges to prove their worth.

There is no point having brave High Court judges who are willing to sacrifice their careers if their senior judges let them down to save their own careers.

Anonymous #19098644: The home minister and the then prime minster in 2001 should be held accountable for this abuse of power and be hauled to court. The people should not pay for the wrongdoings of these two people.

Anonymous #02382443: I agree with one above, the IGP (inspector-general of police) and home minister should be held accountable.

The government should not use our money to pay for their mistakes. Only then will government employees and politicians, learn to exercise more care in the discharge of their duties.

BTN: Hopefully justice has finally found its foot in this soil again. It has been a long time since we see or hear something that can be termed a true democratic country.

Fairplayer: This is a good sign for Malaysia... May justice roll like a roaring river in our land.

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