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| Mohd Hishamudin Mohd Yunus |
| Media Comment by DAP National Chairman Lim Kit Siang in Petaling Jaya on Wednesday, 30th May 2001 Justice Hishamuddin will go down in history as the first judge in the 21st century who gave real hope to Malaysians that there could be a restoration of just rule of law in releasing Gopalakrishnan and Ghani from ISA detention The Shah Alam High Court was the setting for the making of judicial history in Malaysia and Justice Mohd Hishamudin Mohd Yunus will go down in history as the first judge in the 21st century who gave real hope to Malaysians that there could be a restoration of a just rule of law in his judgment releasing Parti Keadilan Nasional leaders N. Gopalakrishnan and Abdul Ghani Haroon from Internal Security Act (ISA) detention in granting their habeas corpus applications. This is the first time in 13 years since DAP National Deputy Chairman Karpal Singh succeeded in his habeas corpus application in 1988 to be set at liberty after the Operation Lalang mass arrests under the ISA (although he was subsequently re-arrested under the ISA) that political leaders have succeeded in moving the court to restore their personal liberties. It is clear that the police had decided on the immediate re-arrest of Gobalakrishnan and Ghani after they were set free at the Shah Alam High Court at 4 p.m. today, as the court premises were ringed by two dozen FRU police in full battle gear together with trucks and a water cannon. Hishamudin's granting of the application by the counsel for both Keadilan leaders that there should not be any police re-arrest within 24 hours to allow them to be with their families who were still on the way from Penang and Alor Setar was another great judicial precedent, leading to the immediate withdrawal of all police presence from the court premises. DAP calls on the Inspector-General of Police, Tan Sri Norian Mai and the Attorney-General, Datuk Ainum Saad to give serious study and respect to the landmark judgement by Justice Hishamudin by ensuring that there would be no re-arrest of Gobalakrishnan and Ghani under the Internal Security Act after 4 p.m. tomorrow - especially as the judge has rightly questioned the relevance of the Internal Security Act to the present-day situation of Malaysia. - Lim Kit Siang - |
| SALUTE TO JUDGE AND JUDGMENT 30 May 2001 will be remembered in Malaysian history as a day when the people's long suppressed hopes for justice were rekindled by a learned, honest and courageous judge whose refusal to accept the Internal Security Act (ISA) struck at the very heart of repressive law and oppressive rule in this country. On 30 May 2001, Justice Dato' Mohd Hishamuddin Mohd Yunus, in the Shah Alam High Court, ruled that the detention of two Parti Keadilan Nasional leaders, N Gobalakrishnan and Abdul Ghani Haroon, under ISA was unlawful. Justice Mohd Hishamuddin ordered the Police to release them immediately. In making his ruling, Justice Mohd Hishamuddin added that the detentions had been carried out in bad faith, violated the detainees'constitutional rights, and ignored their procedural rights. Justice Mohd Hishamuddin also ordered the Police not to re-arrest Gobalakrishnan and Abdul Ghani for at least twenty-four hours. This was an unprecedented order given past Police practice of immediately re-arresting the rare ISA victim who was freed by the Courts. Justice Mohd Hishamuddin even told Parliament that `it is high time' to reconsider the relevance of ISA so as to prevent and minimize abuses of law by the authorities. The Malaysian people will see in Justice Mohd Hishamuddin's ruling the beginning of the end to an unfortunate tradition of judicial reluctance to challenge the use of draconian legislation and brutal force by a regime that has increasingly set aside the rule of law. Together with all Malaysians who are concerned with Justice, Freedom and the Rule of Law in this country, Aliran salutes both Judge and Judgment for this historic defence of the Constitution, civil liberties and human rights. Until the full written judgment is available, Aliran reproduces, below, excerpts from the oral judgment delivered by Justice Mohd Hishamuddin to permit Malaysian citizens to appreciate some of the legal and political issues involved: On why the further incarceration of the detainees was in breach of the Constitution: `The affidavits by the respondents are vague in nature and inadequate. The grounds for arrest must be clearly stated in the affidavit and it cannot simply parrot the provisions in the Constitution. There must be some reasonable amount of particulars (on the grounds of arrest) to be fair to the detainee who believes he is innocent.' On how the Police ignored procedures: `The Inspector General of Police and director of Special Branch have prematurely made up their minds to detain them for the 30 days well beyond that stated in the ISA. The IGP and director of SB have ignored procedural rights.' On the Police's denial of visits by families or legal counsel: `Not allowing access to one another is cruel, inhuman and oppressive, not only to the detainees but also to their family members. What harm would the visits of the family members bring? The visits can be closely monitored. This court does not understand such reasoning. It is a blatant and gross violation of the detainees' constitutional rights. It is unlawful to deny them (their rights).' On habeas corpus: `There were no affidavits filed by applicants because for 40 days they were denied access to their lawyers. If applicants truly believe that they were framed and their detention was unjust, it is their right to file habeas corpus as guaranteed under Section 5(2) (of the Constitution).' Aliran calls upon all Malaysians concerned with Justice, Freedom and the Rule of Law to take inspiration from Justice Mohd Hishamuddin's ruling to continue the struggle to protect civil liberties and human rights – and particularly to erase the dark shadow of ISA upon our society. - Aliran Executive Committee |
| Thursday May 31 Turning point in the judiciary? Kim Quek 5:16pm, Thu: Justice Mohd Hishamudin Mohd Yunus' judgment to release the two Internal Security Act detainees is the first courageous judicial act to defend the constitution against excesses of the executive in a long, long time. Ever since the former Lord President Tun Salleh Abas was sacked for resisting interference from the Prime Minister Dr Mahathir Mohamad in 1987, the entire judiciary has been completely cowed by the executive, so much so that it has become a rubber stamp to the will of the executive, particularly in cases of conflict between the ruling power and its opponents. This notoriety of our judiciary reached a zenith during the infamous trials of former deputy prime minister Anwar Ibrahim, when the shameful and despicable conduct of the courts brought universal condemnation and ridicule. Within this oppressive environment, Justice Hishamudin's courage and integrity deserves our admiration and congratulations. Through his act, he has opened a small window to let in fresh air to our suffocated judiciary. It is hoped that this small stream of fresh air will eventually grow to a gush of strong wind to restore our judiciary to what it should be, a true defender of the constitution, as indicated by our new chief justice. In our moment of elation, let us be vigilant to see that Justice Hishamudin is not victimised in any way for his courageous act. And if that should happen, let the whole nation stand up to defend him. On a more sombre note, this incident demonstrates how utterly low our judiciary has sunk to. The balance of facts and law in this habeas corpus case is so overwhelmingly tilted in favour of the applicant that in any democracy, the judgment would have been a foregone conclusion. But in Malaysia, it is a surprise to the nation and possibly a shock to the executive, as this kind of judicial event has never happened in most people's memory. Not only that, it is celebrated as a historical event. |