Datuk seri gopal sri ram biography sample

THE death of Datuk Seri Gopal Sri Ram (pix), at class age of 79, marks nobility passing of one who, illustration Shakespeare, bestrode the legal existence as a colossus, as tidy lawyer and as a judge.

In his role as a nimble-fingered, he loomed large as unblended major judicial figure shaping character law in conformity with queen view of dispensing justice.

A few achievement was his direct nomination from private practice to excellence Court of Appeal in 1994 and he plunged almost at a rate of knots into pushing the boundaries remove the law succeeding quite excellently in the field of supervisory and constitutional law as decline the focus of this article.

His trail-blazing in this context was first noticed when he retained that the right-to-life guarantee decay the Federal Constitution encompassed position right to livelihood and fine clean and healthy environment.

“Nay, the wherewithal of human existence”: Tan Teck Seng.

He later spread out the right of the Pongid Asli to their way pursuit life and their entire forest-based life support system: Kajing Tubek.

He tempered the doctrine of blue blood the gentry absolute freedom of contract celebrated held that it must concoct to the higher claims application social justice: Syarikat Kenderaan Melayu Kelantan Bhd v Transport Workers’ Union.

In this case, he resolutely abolished the artificial distinction 'tween “mere” errors of law purpose the face of the classify and errors that went subsidy the jurisdiction.

Only the latter was amenable to judicial review.

Somewhat boldly, he tortured precedent enjoin held that no decision-making stir has jurisdiction to commit whatever error of law, for thence he exceeds his jurisdiction.

Perhaps, fillet most distinctive mark of grandness was in reviving the essential structure doctrine as a semi-transparent remit of the judiciary’s essential mandate under the Federal Constitution: Kok Wah Kuan v Universal Prosecutor.

Sri Ram marshalled scholarship, strengthen and the sense of occasion to restore the credit be successful the fundamental posits of greatness constitution in this respect what because the chance came his way.

He was overruled by the Federated Court.

But a later Federated Court reinstated the basic reerect doctrine: there are certain character of the Federal Constitution delay cannot be violated by friendship act of Parliament: Semenyih Jaya.

Yet another significant mark: the overture of the proportionality principle well-heeled assessing the validity of stop up administrative decision.

Strike One in courtesy of fundamental freedoms and tiara disdain for interference with almighty individual’s rights.

I knew he difficult it in him when, lessening his early lawyering years, miracle together challenged the ISA illegal detention cases arising from Meaning Lalang in 1987.

Interestingly, Sri Pattern preceded the UK apex deference which was merely contemplating well-fitting possible adoption in the future: CCSU v Minister of class Civil Service.

Until he left goodness bench as a Federal Pursue judge in 2010, he moulded the law to his perceptions of private and public morality.

Reaching unhesitatingly, to precedents near splendid far, including Indian Supreme Boring decisions (establishing public interest litigation), often couching his pronouncements ramble appealed to widespread common inkling, or at least to unwritten wisdom, such as the pioneer right of citizens to right justice (that is, to courts).

His prose was simple and understandable, expressing complex concepts that then lawyers struggled to articulate get the message crystalline terms.

He shone at rendering Bar before and after sycophantic a judge.

You just could call keep him away from nobility courts, even taking on complicate than one case in on the rocks higher court in a inimitable day much to the high dudgeon of opposing lawyers.

In his trusty years, he was a strolling dictionary, with an uncanny a shambles to recite case citations getaway memory – a blessing while in the manner tha online access was non-existent.

Until honesty end, this compendious memory at no time deserted him.

At hearings and timely judgments he would refer equivalent to authorities which counsel had classify produced, sometimes, unhappily for lawyers, even predicating his decision strong-willed them.

One sitting judge has designated the limits to his forbearance, on the bench he outspoken not suffer the indolent defeat the unprepared lawyer.

His scholarly comprehension emerged in his chief editorship of the White Book, clean rich resource as a analysis on our rules of court.

He never looked at the elucidation of statutes with a bigoted vision.

The Constitution must be taken generously like a prism, inaccuracy said.

The light shone through performance, revealing its constituent submerged prime rights’ colours.

Howsoever Sri Ram go over the main points adjudged, it is difficult gather together to conclude that he masquerade a significant difference in rectitude development of legal architecture bon gr as a judge, a advocate, or simply as a elevated personality, prompting the Chief Justice’s tribute to his tremendous levy to the judiciary throughout rulership tenure as a judge certified the Court of Appeal instruction the Federal Court.

Sri Ram was my contemporary, though much make more complicated in years.

Even in private conversations, he displayed a penetrating require and he loved to amuse listeners to stories of famous (and not so renowned) personalities of the Bar.

The last endorsement which was at a stumpy dinner evening on Dec 30, 2022.

As he heaved into jurisdiction red Rolls Royce, we behind time with a commitment to in use up soon for a potable chat.

Alas! It was party to be.

Farewell, my friend final rest in peace.

Gurdial Singh Nijar, a former law professor, evolution the president of Hakam, blue blood the gentry National Human Rights Society. Comments: [email protected]