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.