Judges must be able to read and interpret the law accordingly and give it a justiciable interpretation it deserves, the Bar Council said today.

Its vice-president Roy Rajasingham said this is a common feature around the world and an important role of judges.

"Judges' decisions and judgments of court often receive comments and are the target of discussions amongst not only lawyers and academics of law but also the general public who believe and trust in the administration of law and justice.

"It is therefore a common feature the world over and indeed an important role of judges to read and interpret the law as it ought to be in the judges' minds and give it a justiciable interpretation it deserves in the light of all evidence before them," he reasoned in a statement.

The Bar Council disagreed with Minister in the Prime Minister's Department Dr Rais Yatim's statement that it is "uncommon" for a judge to arrive at a conclusion that the government should change a law, according to a Bernama report yesterday.

The minister was responding to Justice Mohd Hishamudin Mohd Yunus's judgment on Wednesday, with regard to the habeas corpus applications of two Keadilan leaders, N Gobalakrishnan and Abdul Ghani Haroon who had been held under the Internal Security Act (ISA).

The judge had ordered their release on the grounds that their detention was unlawful. He also called on the Parliament to review the relevance of the ISA.

Independent judge's prerogative

Rajasingham asserted that the independent mind of a judge in deciding a case and making comments on a particular legislation is an independent judge's prerogative as he deems fit.

He pointed out that it is also usual and commonplace for judges themselves to sometimes not concur with earlier decisions of courts.

"Superior Courts and Apex Courts are often given to even reverse a decision or judgment of a court of its own status that they do not recognise. Therefore, it is not uncommon to reverse the decision where necessary," Rajasingham said.

"If a party is unhappy with a decision of a judge, then the aggrieved party has every opportunity to appeal to a superior court. The superior court likewise ought to be independent and act without fear or favour."

Judges and the judiciary have an independence which has to be protected for the proper administration of justice and the Rule of Law, for "it is a universal expectation," he said.