Welcome back RPK!

We’re happy with the decision of Justice Syed Ahmad Helmy Syed Ahmad.At least he is a fair judge who decided on the basis of existing law, apparently uninfluenced by extraneous executive inerference (if any).

However we should not be overjoyed or to read into the situation that reasons for reform of the Judiciary have become somehow less pressing. More important, that the existing law (ISA) is OK and does not require review, amendment or repeal.

For the ISA is antithetical to civil liberties. All that is wrong with that law is still there….in section 8B of the ISA which states:-
“There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the Yang di-Pertuan Agong or the Minister in the exercise of their discretionary power in accordance with this Act, save in regard to any question on compliance with any procedural requirement in this Act governing such act or decision.”

This simply means that can be no judicial review of the Minister’s decision based on policy considerations of whether or not the detainee is a national security threat.

There can be judicial review/intervention only if procedures are not followed by the Home Minister, ie. there are procedural defects or irregularities.

Justice Syed Ahmad Helmy here decided that procedural wise there was a defect. RPK was detained for insulting Islam. However Islamic issues are within the purview of the state governments, except for the Federal Territories of Kuala Lumpur and Labuan, and since Raja Petra resided in (Sungai Buloh) Selangor, it was clear that the Federal Government had no authority over any say of Islamic issues.

The decision broke no new ground. It did not say the court could oust the Minister policy/substantive decision. There is no paradigm shift. Neither could the Court because the Court could not usurp what the ISA says as empowered by Parliament.

The repreive that RPK enjoys for now is not necessarily one that the Hindraf’s leaders detained could similarly enjoy.

The law (ISA) is as problemetic as ever as a challenge to civil liberties and hence the lobby for its review ought to continue.

Another reason why we should not be overjoyed is the fact that Prosecution can appeal against Justice Syed Ahmad Helmy’s decision.

If it does so, RPK’s fate will depend on what the Court of Appeal – and further up – what the Federal court would say.