Yoursay ‘Dare we expect the Federal Court Judges to be as brave?’

Kudos to judge Hishamudin for defending constitution

 yrsaykudus to judge Gerard Lourdesamy: Mohd Hishamudin Yunus is a Daniel come to justice. Full of wisdom and integrity. He has upheld his constitutional oath to defend the Constitution and the rule of law in this country.Unlike some judges who think that their role is only to defend Islam, the Quran and Hadith at all costs even in the face of the clear and express provisions of the Constitution.For far too long, state religious councils and bodies have been encroaching into the powers of the federation in relation to criminal laws and the criminal justice system under the pretext of creating offences under the precepts of Islam.

Even such laws must still be subject to the Constitution and the provisions on fundamental liberties.

Unlike the judges in the Court of Appeal who heard the ‘Allah’ appeal, Article 3 does not override or restrict any of the other provisions in the Constitution.

Kim Quek: Justice Hishamudin is the pride of the country’s judiciary.  He reminds me of the glorious days of Malaysian judiciary before its ‘massacre’ by Dr Mahathir Mohamad, when it was the rule rather than the exception that judges made their decision strictly according to law.

In the midst of oppressive ambience of the post-Mahathir intervention in the judiciary, when judges routinely bow to political pressure and religious prejudice, Hishamudin has consistently defied the trend to uphold the Constitution with courage and impeccable judicial decisions, particularly those relating to fundamental rights of the individual, despite knowing that such decisions would rile the powers-that-be.

We are encouraged to note, in this connection, that among the ranks in the Court of Appeal, a few other judges have also repeatedly shown courage to uphold fundamental rights at risk of displeasing the executive in several cases recently.

It is hoped that such illustrious examples would encourage other judges to emulate and to take pride in upholding justice with honour.

Angry Citizen: In these times when the shrill voices are baying for blood, we have a judge who not only ruled by the Constitution but also his conscience. Dare we expect the Federal Court judges to be as brave?

YUNoAnon: Why are there such contrasting, polar opposites in the quality and credibility of judges in the country? Some are just, objective, rational and unbiased.

Some are just completely swayed, influenced, irrational and to the point of being nonsensical.

Vijay47: I think this landmark decision is much more than just reaffirming the right and freedom of Muslim transgenders to dress as females if they so desire.

The court’s clear unanimous words are also a hard kick to those who hold that even in Malaysia, despite our Constitution, Islam is paramount and shall prevail over all else.

Mahathir and his friends in the superior courts who cunningly sought to reintroduce a caliphate will now have to cower and slink back to their caves.

The Court of Appeal has expounded two firm truths which should give immense relief and assurance to those who seek protection.

First, that our Constitution is supreme and all other laws cannot be in contradiction to it.  Secondly, those who seek redress from injustices in Islamic administration or enforcement need not rush to the syariah courts as the civil courts are the fountain for the thirsty and the weary.

It may be wishful thinking but perhaps from this enlightenment we will no longer have wolves in judges’ clothing.

Multi Racial: Basically Justice Hishamudin did what a judge is supposed to do. Every judge has to recognise our Constitution is supreme and Hishamudin did exactly that. Once this basic is adhered to, the decision becomes obvious and fair.

I just wish all the judges, including those in Federal Court, have the same courage like Justice Hishamudin.

Sali Tambap: I have to be said that this is a courageous decision by a brave judge. He is willing to give this verdict in the midst of the current tide of extremism and intolerance in this country.

He will no doubt be vilified by his countrymen with the holier than thou attitude. Therefore ‘syabas’ to your Lordship, Justice Mohd Hishamudin Yunus, for championing justice in our nation.

Sadly, this cannot be said of your fellow judges, who from the people’s point of view, have a lack of integrity and act more like a tool for others to promote their agenda.

No matter how much is it to our dislike, there are others who are different from us and they too deserve to live in this country with their right to live the way that they want to.

Malaysian 53: Thank you, Justice Hishamudin for interpreting the Federal Constitution as it was intended to be. If only all judges did the same, we would all have our Malaysia back sooner.

Vision2020: James K Polk’s said, “One great object of the Constitution was to restrain majorities from oppressing minorities or encroaching upon their just rights.”

This is the reason Abraham Lincoln reiterated in his famous quotes, “Do not interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties.” and “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution.”

JD Lovrenciear: For as long as there are men and women in this nation willing to risk everything to uphold the country’s Constitution, there is hope for a future of glory.

But for Malaysia to embrace that future of hope, we need a fast tracked the transformation of the judiciary and not let the occasional arising of learned and wise judges.


The above is a selection of comments posted by Malaysiakinisubscribers. Only paying subscribers can post comments. Over the past one year, Malaysiakinians have posted over 100,000 comments. Join the Malaysiakini community and help set the news agenda. Subscribe now.

These comments are compiled to reflect the views of Malaysiakinisubscribers on matters of public interest. Malaysiakini does not intend to represent these views as fact.