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Wednesday, October 14, 2009

Yang Arif Datuk Syed Ahmad Helmy

Remember him, anybody?

He was the brave, honest and conscientious High Court  Judge at the Shah Alam High Court who heard our application for habeas corpus or the release of Raja Petra Kamaruddin last year. Many of you would remember that he created history by ordering the release of RPK from his ISA detention.

In a landmark case, he changed the law on the ISA. He was the first to hold that even though the ISA prohibits the Court from questioning the reason proffered by the Home Minister in detaining a person under the ISA - in short the Home Minister may do anything he likes under the ISA - the Court could still look into whether the Home Minister had committed a "jurisdictional error" in exercising his powers as such.

By so ruling, Yang Arif Datuk Syed Ahmad Helmy changed the law. Effectively, it is now the law that the Court may look into whether the Home Minister had correctly invoked his powers under the ISA.

It was a brave and brilliant decision which distinguish many other decisions made before, even by higher Courts.

Many people wondered what will happen to His Lordship, rightly or wrongly.

I am happy to report that today, His Lordship has been elevated as a Judge of the Court of Appeal, the second highest Court in the land. His Lordship receives his appointment letter from His Highness the Yang di Pertuan Agong today, report the Star newspaper.

Congratulations to him. May he continue to be blessed with the clarity of mind, good health and the conscience to continue dispensing justice and be a shining  example of the kind of  person who should occupy the seat of justice.

14 comments:

LAT said...

Uphold Fairness & Execute Justice from the Righteous one and may the Lordship continue to be blessed with strength, might, power and divine discernment even at this age of darkness.

Bentoh said...

I'm hoping judges like him, or Hishammudin Yunus could make their way to the top 4 of the judiciary system...

Ah well, don't stop believing...

Anonymous said...

Was scared His Honour waould be placed in cold storage. So glad he is being promoted. Hold him in the highest regards.

Hamba said...

ISA actually is a null and void law b'cos it is in direct contravention of our highest law which is the constitution. Any judge who is principled and moral would have deemed it as such. So the great thing about what Yg Arif did was not setting RPK free but rather standing up to the executive and sending them a clear message that there's always someone in this country that will defend the defenseless. Lady Justice is blind they say but without a judge who is fair to guide her, Lady justice will always be led astray. Thank you sir for showing us that there's still hope yet for our judiciary and all is not lost.

NutzeyWagen said...

Ha ha! You guys played right into their hands. A judge decides in your favour, and you guys hail him high and mighty. Then another comes along and decides against you (they didn't reckon that RPK would abscond). They are just giving false sense of fairness by the judiciary. They'd said, "See, the judge had ruled against us". Don't forget that the same thing happened in Perak when Nizar Jamaludin was ruled the rightful MB only to be reversed on appeal. They are just simply putting on a show and you guys swallowed it all, hooks and sinkers. Please remember who are these judges' paymaster, and who decides on their promotions. So guys, please don't be hoodwinked by them, come rain or shine!

Anonymous said...

I remembered hin as a very nice judge when he was based at the Johor Bahru High Court

Anonymous said...

What about YA Dato Md Raus Shariff?

Gan said...

For all our sakes, I pray that there are still real good people around.

Singam said...

The few good people in our judicial system are under siege. Let us pray that they don't succumb to pressure or corruption and keep the beacon of justice burning.

Anonymous said...

Dear Art, if i may,

Congratulation to YA Datuk Syed Ahmad Helmy on YA promotion!

We all hope that your promotion will be examplary to all judges and magistrates in upholding justice to all.

samsaimon said...

Congratulations to YA Dato' Syed Helmy for the elevation to CA.

...and Dato' MD Raus Sheriff, remember he who found the High Court Judge was wrong on the Perak Constitution! elevated to the Federal Court! Congratulations to him too!

Anonymous said...

Amen.

And God bless him and his family always.

Anonymous said...

I sincerely hope he still uphold NATURAL justice and the rule of law in our beloeved Malaysia.

sang kancil

rpremkumar2u said...

Dear NutzeyWagen
How do you justify your claims? Is it not before the fact here? To adduce that his promotion is due to his releasing RPK in order to be dealt with in the reverse fortune at an appellate court does not make any sense to me. Hence this promotion? Erroneous thinking my friend.