Salleh Abas facts for kids

Mohamed Salleh bin Abas (born August 25, 1929 – died January 16, 2021) was an important Malaysian judge and politician. He held the highest judicial position in Malaysia, serving as the Lord President of the Supreme Court. He was removed from his job during a big event in 1988 called the Malaysian constitutional crisis. Many people around the world believed this event made the Malaysian courts less independent.

Early Life and Career

Salleh Abas was born in Kampung Raja, a village in Besut, Terengganu. In 1949, he traveled to the United Kingdom to study law. He earned his law degree from the University of Wales, Aberystwyth.

After returning to Malaysia in 1957, he began his career in the legal field. He first worked as a magistrate in Kota Baru, Kelantan. Later that year, he moved to Kuala Lumpur, the capital city. There, he served as a Deputy Public Prosecutor.

He went back to Britain to get a master's degree in international law. When he returned in 1962, he became a legal advisor for Negeri Sembilan and Melaka. A year later, he moved back to Kuala Lumpur. He held several roles under the Attorney-General, eventually becoming the Solicitor-General.

When he was 50, Salleh Abas thought about retiring. However, the then Lord President, Tun Suffian Hashim, convinced him to stay. Instead, Salleh was appointed as a Federal Court judge. Even though he found the work a bit boring, he continued. In 1982, when Tun Suffian retired, Raja Azlan Shah took over. Salleh then became the Chief Justice of Malaya. Just two years later, Raja Azlan Shah became the Sultan of Perak. This meant Salleh Abas became the Lord President in 1984.

During his time as Lord President, the Federal Court became the highest court in Malaysia. Before this, some court decisions could be appealed to the British Privy Council. This link was removed because it was seen as a leftover from colonial times. Salleh later felt sad about this change. He believed that if the link to the Privy Council had stayed, he might not have faced the problems he did later. In 1985, the Federal Court was renamed the Supreme Court.

Understanding the 1988 Crisis

The United Malays National Organisation (UMNO) was the main political party in Malaysia's government. Its leader usually became the Prime Minister. In 1987, there was a close election within UMNO for its leader. The current Prime Minister, Mahathir Mohamad, won by a small number of votes. Some members who supported his opponent felt the election was unfair.

Twelve UMNO members went to court to ask for new elections. They claimed that some people who voted were not allowed to and that documents were changed. The court gave both sides time to settle the issue. However, they could not agree, and the case continued.

Prime Minister Mahathir Mohamad was not happy with the courts at this time. He felt the judges were making decisions that went against what the government intended. He said that judges were trying to interpret laws differently from how they were written. Soon after, several judges were moved to different court sections. Justice Harun Hashim, who was handling the UMNO case, was also moved. However, his transfer only happened after the UMNO case was finished. Justice Harun later ruled that UMNO was an illegal society because some of its branches were not properly registered. This meant the case was dismissed. Mahathir then formed a new party called UMNO Baru.

In 1988, the government proposed changes to the Malaysian Constitution. These changes would reduce the power of the courts. They would only have the power that Parliament allowed them to have.

Judges' Concerns and Salleh Abas's Suspension

At this point, Salleh Abas, as the Lord President, spoke out strongly. He wanted to protect the independence of the courts. He gathered all 20 federal judges in Kuala Lumpur. They decided to write a private letter to the Yang di-Pertuan Agong (the King of Malaysia) and the rulers of the states. The letter expressed their disappointment with the Prime Minister's comments about the judiciary. They hoped these accusations would stop.

The King, Sultan Mahmud Iskandar of Johor, received the letter. It seems he told Mahathir about it. They then decided to take action against Salleh Abas.

Salleh Abas was called to meet Mahathir after returning from overseas. Salleh later said that Mahathir accused him of being unfair in the UMNO case and asked him to resign. Salleh was also immediately suspended from his job as Lord President. Salleh initially agreed to resign. However, when he learned his suspension would be backdated, which would cancel some of his earlier decisions, he changed his mind. The government then started a process to remove Salleh from his position permanently. Salleh later claimed that the government tried to offer him money to resign.

Salleh Abas had lawyers who argued that the group deciding his case was not fair. They said that one judge had a personal interest in the outcome. They also argued that the group was not properly set up. Salleh asked for his trial to be public and judged by people of equal rank. All his requests were denied, so Salleh stopped taking part in the proceedings.

Instead, Salleh asked the Supreme Court to stop the process. The Supreme Court, in an urgent meeting, agreed to stop the proceedings. Four days later, the King suspended the five Supreme Court judges who had made that order. This was done on Mahathir's advice. The government announced it would try to remove these five judges too. This left only four judges on the Supreme Court. The government appointed new judges who refused to hear any more requests from Salleh Abas. In the end, the tribunal found Salleh guilty, and he was officially removed from his position. Of the five judges who supported him, two were found guilty and removed, while three were cleared.

Life After the Crisis

Soon after he was removed from his position in 1988, Salleh Abas received an award from the Sultan of Kelantan.

Salleh Abas later entered politics. He ran in the 1995 general election for a seat in Parliament but did not win.

In the 1999 general election, Salleh was elected as a State Assemblyman for Jertih in Terengganu. He was part of the Pan-Malaysian Islamic Party (PAS), which formed the new state government. Salleh was then appointed as a state executive councilor. He did not run for election again in 2004 due to his health.

Calls for an Apology

After Mahathir Mohamad stepped down as Prime Minister in 2003, there were calls for a review of the 1988 crisis. Tun Salleh Abas himself was one of the strongest voices asking for this review. However, the government at the time did not agree to review the case.

After the 2008 general election, a new Law Minister, Zaid Ibrahim, said the government should apologize for how it handled the crisis. He stated that the crisis had weakened Malaysia's court system in the eyes of the world. He said, "I am not suggesting that we re-open the case. I am saying that 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." Many people, including the Bar Council, supported this idea of an apology.

Death

During the COVID-19 pandemic, Salleh Abas tested positive for the virus on January 14, 2021. He was admitted to the intensive care unit (ICU) at Sultanah Nur Zahirah Hospital in Kuala Terengganu.

Salleh Abas passed away from COVID-19-related pneumonia three days later, on January 16, 2021, at the age of 91. He was buried next to his first wife at the Sheikh Ibrahim Muslim Cemetery in Kuala Terengganu.

Honours

Honours of Malaysia

•  Malaysia :
  • Companion of the Order of the Defender of the Realm (JMN) (1966)
  • Commander of the Order of Loyalty to the Crown of Malaysia (PSM) – Tan Sri (1971)
  • Commander of the Order of the Defender of the Realm (PMN) – Tan Sri (1983)
  • Grand Commander of the Order of Loyalty to the Crown of Malaysia (SSM) – Tun (1985)
•  Kelantan :
  • Recipient of the Order of the Most Distinguished and Most Valiant Warrior (PYGP) (1988)
•  Terengganu :
  • Companion of the Order of the Crown of Terengganu (SMT) (1963)
  • Knight Commander of the Order of the Crown of Terengganu (DPMT) – Dato' (1968)
  • Knight Grand Commander of the Order of the Crown of Terengganu (SPMT) – Dato' (1983)

See also

In Spanish: Salleh Abas para niños

• List of deaths due to COVID-19 - notable individual deaths