KUALA LUMPUR (Feb 7): Chief Justice (CJ) Datuk Seri Wan Ahmad Farid Wan Salleh on Saturday lauded former Federal Court judge Tan Sri Harmindar Dhaliwal’s contribution in preventive law.

Speaking at the launch of Harmindar’s book titled Shaping the Law, Wan Ahmad Farid said Harmindar had revolutionised Malaysia's preventive detention law to scrutinise the role of the executive in his decision in the legal battle between Shahrudi Abidin, Datuk Abu Seman Yusop and others, concerning false imprisonment and the exercise of ministerial power under the Emergency (Public Order and Prevention of Crime) Ordinance 1969.

"This was not judicial activism, nor was this a creation of law from whole cloth. Rather, it was far more valuable — the consolidation and strengthening of existing jurisprudence in service of constitutional protections,” the CJ said.

"The executive thinks the court shouldn't be bothered about the details (of the detention). Justice Harmindar was the man who reminded the executive that the ‘get out of jail card' only works in Monopoly — not in constitutional law.

"Justice Harmindar essentially tells the executive that you can build the walls of secrecy as high as you like, but if the foundations of your procedure (to detain) are not level, the court is not here to admire the view. We are here to condemn the building — not because of want of the CPC (Criminal Procedure Code), but it should not have been there in the first place," Wan Ahmad Farid said.

Also present at the book launch event — organised by Rosli Dahlan Saravana (RDS) Partnership — were former CJ Tun Tengku Maimun Tuan Mat, Human Rights Commission of Malaysia (Suhakam) commissioner Datuk Seri Mohd Hishamudin Yunus — who is also an RDS consultant — as well as former and current judges.

Wan Ahmad Farid said Harmindar emphasised that the Constitution exists to protect citizens, not to shield the state from accountability.

"It is his profound understanding that law exists not for its own sake, but in service of society's broader interests," he added.

The CJ said when ordinary Malaysians come before the courts — whether in disputes over property, criminal trials, family matters or constitutional challenges — they deserve judges who bring not only learning and logic, but also wisdom and empathy. 

He observed that Harmindar had exemplified these qualities throughout his distinguished career.