Salleh Abas was not always the tallest in a crowd but he always stood tall, no less a giant, in defending the independence of Malaysia’s judiciary and the rule of law.
He represented the essence of an independent judiciary that fiercely defended the concept of separation of powers which gained worldwide respect.
Malaysia lost that reputation from a golden era after Salleh was unceremoniously dumped as Lord President, but his reputation remained intact and his credibility only grew stronger as time passed.
Salleh died yesterday at 91 in a government hospital in his beloved home state Terengganu. He was buried at the Sheikh Ibrahim Muslim Cemetery in his hometown. Many Malaysians who cherish democracy, truth and honour would surely feel that he should have been given a place in the Hero’s Mausoleum in Masjid Negara, a place he truly deserves.
His death ends the story of the six Supreme Court judges who tried to stand up to autocracy in the judicial crisis of 1988. The others died between 1996 and 2015.
Salleh had been very much a forgotten man since then, until news of his death broke, and the tributes began flowing.
Salleh had always shunned the limelight yet he was thrust into international spotlight in one of the nation’s darkest moments in 1988.
A letter he wrote to the Yang di-Pertuan Agong in May that year, in defence of the judiciary, led to a major constitutional crisis that gripped the nation.
The letter, written after a meeting of 20 federal judges, was in response to what they perceived as incessant “attacks” on the judiciary by Dr Mahathir Mohamad, who was in his early years at the helm of the nation.
Mahathir, who had always been perceived as not being too fond of the judiciary, was constantly making statements against an institution seen by many to be “fiercely independent.” It was also at a time when court decisions were not going the government’s way.
To most, it was a golden era for the judiciary which had earned kudos around the world for its independence. But it was brought to an end by the judicial crisis which almost totally paralysed the judiciary.
Salleh, who had taken over the top post four years earlier, showed much grit and gumption trying to defend the institution despite knowing the odds were stacked against him. Challenging Dr Mahahtir then was suicidal but he was not cowed.
His famous quote that is etched in my memory when he was under so much pressure to throw in the towel in 1988 was:
“Judges who joined in downing their boss have been rewarded by promotion. Judges who did not, have been cowed into silence….When I am asked what I thought, my usual reply is that I wouldn’t like to be tried by today’s judges, especially if I am innocent.”
In his letter, he had asked the King’s help to stop Mahathir’s attacks.
This began the infamous episode described as “May Day for Justice,” the title of a book he co-authored with journalist K Das in which they outlined the political events that led to his sacking.
Umno and Tengku Razaleigh Hamzah featured prominently in the crisis, which was precipitated after Razaleigh lost to Mahathir in the 1987 Umno elections by a mere 43 votes. Mahathir would have been forced to step down as prime minister if he was defeated as Umno president.
Razaleigh did not give up easily. His supporters filed a suit in the High Court, attempting to get a court order for new elections claiming that 78 of the 1,479 delegates were illegal. Eventually, Umno was deregistered because many delegates were found to have come from unregistered branches.
Dr Mahathir soon formed a new party, Umno (Baru). But he did not stop here.
The following year, the government tabled a bill in Parliament to amend Articles 121 and 145 of the Constitution. These amendments divested the courts of the “judicial power of the Federation”, giving them only such power as Parliament might grant them.
It was then that Salleh Abas wrote the fateful letter and went abroad for a break.
Upon his return, Mahathir summoned him and expressed his displeasure over certain decisions involving the Umno case and told him the King wanted him to resign. Salleh did, but retracted his resignation a day later after he was told that it would be backdated. This led him to believe that it was a bid to “wipe” out certain decisions that he had made.
Salleh fought back by calling a press conference to tell his side of the story. An infuriated Mahahtir made a second representation to the King alleging further misconduct on the part of Salleh based on his undignified use of the press to vent his grievances.
The King suspended him and as required by the law, Mahathir set up a tribunal to hear the charges against him but Salleh challenged this and appointed a Queen’s Counsel from the UK to defend him.
However the tribunal found him guilty and held him to be unfit to discharge his duties properly as Lord President. A second tribunal was called over the actions of five Supreme Court judges who had granted an order against the holding of the Salleh tribunal. Two judges, Justice Wan Suleiman Pawanteh and Justice George Seah, were found to be guilty of misconduct and dismissed. Justices Eusoffe Abdoolcader, Mohd Azmi Kamaruddin and Wan Hamzah Mohamed Salleh were suspended. (They were reinstated later.)
Salleh’s dismissal ended his illustrious legal career but he sought to redeem himself by going into politics, contesting the 1995 general election in the Lembah Pantai parliamentary constituency, on Tengku Razaleigh’s Parti Melayu Semangat 46 (S46) ticket.
He failed but was elected as state assemblyman for Jertih, Terengganu, in 1999 on a PAS ticket. He did not seek re-election at the next general election due to poor health.
In 2008, law minister Zaid Ibrahim took up Salleh’s case and pressed the case to make amends for the sacking of Salleh and the three Supreme Court judges, urging the government of Mahathir’s successor Abdullah Ahmad Badawi to provide an apology and compensation.
Zaid said the government had to openly apologise for its handling of the crisis. “It’s clear to everyone, to the world, that serious transgressions had been committed by the previous administration. And I believe that the prime minister is big enough and man enough to say that we had done wrong to these people and we are sorry.”
However, there was no official apology. The government did make ex-gratia payments to Salleh and the other judges. The amounts were undisclosed.
Many saw it as a vindication of a man who stood up to be counted when the judiciary was under attack, despite knowing the serious consequences from one powerful man.