The Shah Alam High Court's decision yesterday to release two Internal Security Act (ISA) detainees received a stamp of approval from many groups who described it to be a "breath of fresh air", "historic" and the "beginning of the end to oppressive laws".

The Malaysian chapter of Amnesty International said the judgment signaled the "resurgence of the willingness" of Malaysian courts to exercise their right and duty to safeguard the fundamental liberties of the people from arbitrary decisions by the executive.

Its chairperson Joseph Paul said the judgment by justice Mohd Hishamudin Mohd Yunus reaffirmed the right of the courts not to be "blindly bound" by laws that were manifestly contrary to the spirit of the constitution or enforced in bad faith.

"It is hoped that this judgment marks the beginning of the end to cruel and oppressive laws," he said.

Social reform movement Aliran said the court ruling was the beginning of the end to an unfortunate tradition of judicial reluctance to challenge the use of draconian legislation and brutal force by a regime that has increasingly set aside the rule of law.

"Aliran salutes both judge and judgment for this historic defence of the Constitution, civil liberties and human rights."

The movement called upon everyone to derive inspiration from the ruling and to continue the struggle to protect civil liberties and human rights.

Unlawful detention

In his decision yesterday, Hishamudin allowed the habeas corpus applications made by two Keadilan leaders, N Gobalakrishnan and Abdul Ghani Haroon, and ruled that their detention was unlawful. He ordered the police to release them immediately.

The judge added the detentions had been carried out in bad faith, violated the detainees' constitutional rights and ignored their procedural rights. Hishamuddin also ordered the police not to re-arrest the two for at least 24 hours.

Hishamudin also suggested that "it is high time" for Parliament to reconsider the relevance of ISA so as to prevent and minimise abuses of law by the authorities.

The duo were among 10 reformasi activists detained by the police under the ISA beginning April 10 for allegedly being a threat to national security and planing to overthrow the government via "militant means".

A reminder