I refer to the comments made by Dr Rais Yatim on the issue of the call by a judge to reconsider the ISA.

It is paramount for a judge like Mohd Hishamudin Mohd Yunus to interpret the law accordingly. There are of course certain ways and approaches to interpret law in hand. The duties of a judge are not supposed to be limited to interpreting and applying the relevant laws to relevant cases and circumstances, but it would also mean that every judge must uphold the supreme law of the land.

It follows that in any case, the judge shall take into account what are the relevant provisions in the Constitution, the supreme law of the land, and the rest of the provisions in the specific legislation.

Whenever a judge declares or says that a law is to be amended or abolished, implicit is that the particular provision or legislation is obsolete or even deemed to be ultra vires the Constitution. So the legislature should review the specific law or provision so that it is in accordance to the supreme law of the land, the Constitution.

Therefore, with great humility, I concur with Justice Hishamudin of the Shah Alam High Court; and, with respect, disagree with the proposition of Dr Rais Yatim that it is not the duty of a judge to say such things or that it is rather uncommon behaviour.