Judgment by judges, beyond politics

Writing openly about ISA (Internal Security Act) detention is something sensitive in Malaysia. It is even worse if you do so about an ISA detainee. It shall be nightmare if you talk about the Minister who signed the detention.

Therefore all are refrained from discussing this matter. If no one is talking, then the whole issue becomes one sided story. The authority talks, the rest listen. No questions can be asked because ISA is a prevention act.

On the 12^th of Sept, a journalist, an opposition MP and Malaysia Today editor were arrested under ISA. The whole country cried foul. But the decision was defended and upheld firmly. Anyhow, the journalist was freed within 24 hours and the opposition party MP was released a week later. Unfortunately the editor was kept much longer.

There were legal tussle between the editor’s legal team and the authority for some time. Surprisingly, on the 7^th of Nov., the editor was released by the court. Surprise is the most appropriate word because, in general, the courts are deemed as an extension of the government and the government shall decide based on political pro and con.

It is my personal believe that, all Malaysian courts’ verdict are weighed against the effect and impact to the ruling government.

Hopefully no judges are reading this. I think that I am not totally wrong when I say, all verdicts tend to lean towards ruling government. Or, at least, the verdict doesn’t create damage to the ruling party.

The verdict on the RPK (the editor – Raja Petra Kamaruddin) was something very surprising because it puts the Minster and the authority in hot soup. The detention order was found to be non compliance with the related act. Rakyat (people) now questions the ability of the Minister and the authority in making such decisions.

Even worse, the Minister and the authority now have to challenge the court’s decision in order to protect their mistakes. They may also find other ways to detain RPK again. Rather than finding the right act and method to detain RPK, I hope the Minister and the authority will spend more time and effort to investigate the facts on why RPK is considered as a threat and justify it.

RPK’s release is a milestone in Malaysia courts (I guess), it was indeed a great surprise and I remember reading that RPK himself was surprised. This incident proves that judgment by the judge was beyond politics.

Subra

http://www.themalaysianinsider.com/index.php/malaysia/11957-raja-petra-freed