I refer to the Malaysiakini report Kota Siputeh: Court of Appeal bails out EC .

The current developments of late show us that there are some judges at the High Court level who are becoming the trailblazers to restore the independence of the judiciary that this esteemed third organ of state enjoyed before it was made to submit to the executive after 1988.

These High court judges are rare breed and a brave lot who put the law before anything else when deciding. Their interpretations of the federal and state constitutions puts the appellate courts to shame. Basically put, the High Courts are making more constitutional sense than the appellate courts as far as Malaysia is concerned.

It should be noted that the High Court's interpretation of the latest dispute of the state assembly seat of Kota Siputeh in Kedah seeks to restore the doctrine of separation of powers which is the basic foundation of a Westminster-style parliamentary democracy that we inherited from Britain.

The High Court had stated that the speaker should be the final arbitrator of decisions made in the state assembly which may include the decision to declare a particular seat vacant if its representative is absent without leave. But unfortunately, we have now created a trend where the appellate courts have become agents of the executive when High Court decisions are not in its favour.

It is glaringly clear that the appellate courts are filled in with ‘arbitrators’ who are acceptable to the fact that they must ensure that the status quo is not questioned even though the federal constitution has been trampled upon. These arbitrators do not hold the federal constitution close to their chests; it is the status quo that is more important not withstanding what the law says.

But on a similar note, if the federal constitution suits their case and facts, they will hold it dear and fight on till the last breath like what happened to Gobind Singh Deo's case against the speaker of the Dewan Rakyat.

Here they gave some credence and respect to Article 72 of the federal constitution on the powers of the speaker of the house of representatives because it favoured them. But when it doesn't, they just rubbish it away. That is the state of the federal constitution unfortunately.

One stills believes that there are many capable individuals in the High Courts that are firm in their belief that the judiciary must be independent and free from the reins of the executive if it were to function effectively as a judiciary.

But unfortunately, these poor individuals are kept there as their presence in the appellate courts might not augur well when it comes to the status quo agenda that the court has to abide by. With this kind of judicial culture, the message that is sent to those aspiring to become members of the bench is to forget about the constitution and only maintain the status quo if you want to continue till the retirement age at 66.

Thus, a new generation of judges are supposed to get this subtle message if they want to be considered for elevation.

But the trail-blazing seems to have caught up with these so-called protectors of the status quo and more judicially-talented and capable arbitrators are holding steadfast to their principles in seeking to put in place what they are there to do as judges of the Federation of Malaysia and that is to honour the constitution.

Though the road ahead may appear to be riddled with obstacles and resistance, but with strong determination and vigour, the judiciary will one day be free from its self-imposed shackles. To the brave judges of the High Court, we salute you.