Two landmark rulings that were made in our courts recently that gave some optimism regarding restoration of the much needed independence to our judiciary that has yet to recover from the seriously tainted reputation from two decades ago.

The first was Shah Alam High Court Judge Syed Ahmad Helmy Syed Ahmad’s order to release Raja Petra Kamarudin (RPK) immediately and unconditionally from his ISA detention. He rightly described RPK’s detention as unconstitutional and an abuse of power as the home minister went beyond his jurisdiction to issue the order to detain him for two years.

It was a courageous and righteous move that was hailed by the vast majority of right-thinking Malaysians who want to see that ISA abolished once and for all. It has been the practice in the past that those issued with a detention order signed by the home minister under Section 8(b) of the ISA could not seek judicial review.

This provision had often been abused for the detention of individuals for reasons other than what the act was intended for. However, Syed Helmy’s ruling that the court could hear such an application if there were instances of possible abuse of power is very reassuring as it means that there is still hope for freedom for those unjustly detained.

This ruling is a great relief for many who would otherwise linger in jail unnecessarily without trial. The ISA is a cruel and inhumane law that must be abolished as it has no place in this modern era. The vast majority of Malaysians including legislators from the Barisan Nasional have called for its repeal. With mounting public pressure, the government has no option but to graciously accede to the demands of the people or risk losing further support.

In the meantime it is the sacred duty of the judiciary to check the abuse of the ISA by those in power so as to prevent politically-motivated detentions, like in the case of RPK, under this draconian law.

The release of RPK is not a just personal victory for him but a victory for justice. It is a victory for the human rights that have been blatantly ignored of late. It is a victory for the judiciary itself whose reputation has been negatively perceived by the people. Above all it is a victory for the rakyat who detest the ISA.

The second ruling was that of Kuala Lumpur Sessions Court judge Komathy Suppiah who held firm to her decision not to transfer the sodomy trial of Anwar Ibrahim to the high court. There is no reason why Anwar’s case cannot be tried in the sessions court like all other cases of rape and sodomy. Why the ‘special treatment’ for Anwar if there is no political motive as declared by the government?

The reputation of our once renowned judiciary is at its lowest ebb due to scandals of various sorts and both these rulings will go a long way in the resuscitation of the ailing institution. It also goes to show that there are still many judges up there who could rise up to the occasion to safeguard the integrity and independence of our judiciary.

One or two cases do not exonerate the judiciary’s discredit nor does it signal any significant change towards reformation. It may not symbolise the dawn of a judicial renaissance that is so eagerly awaited by the rakyat.

Only a series of good judgments over a prolonged period of time will do this but knowing that there are still many reform-minded judges among the fold gives us the hope that the judiciary can still be reformed as promised by Prime Minister Abdullah Ahmad Badawi.

All Malaysians salute Syed Helmy and Komathy for their brave acts that show their deep sense of patriotism to the nation. We hope their examples will prod others like them to rise up to restore the reputation and integrity of the institution that we were once the envy of others.

If the government and the Conference of Rulers are serious in wanting to reform and restore judicial integrity and independence, they should seriously consider Syed Helmy and Komathy and other judges like them to be elevated to higher posts so that together, by their fearless actions, they can restore the status of the judiciary to its past glory.

The judiciary is the last bastion of defence for the rakyat against abuse of power and victimisation by the powers-that-be. If that institution fails in its duty to mete out justice to the people there would be lawlessness, chaos and turmoil.