Suspension and Removal of Tun Salleh Abas and Other Judges
In 1988, Tun Salleh Abas was brought before a tribunal convened by the then Prime Minister Dr Mahathir Mohammad on the grounds of misconduct. The tribunal was chaired by Tun Hamid Omar. In response to the tribunal, Tun Salleh Abas filed a suit in the High Court in Kuala Lumpur to challenge the constitutionality of the tribunal. While proceeding with the suit, Tun Salleh Abas applied for an interim stay against the tribunal until July 4, 1988. The request was denied.
Later however, five judges of the Supreme Court convened and granted Tun Salleh Abas an interlocutory order against the tribunal. Upon receiving the order, Tun Salleh Abas' solicitors proceed to the Parliament to present the chairman of the tribunal the interlocutory order. The gate leading to the Parliament however was locked and Tun Salleh Abas' representative had to call in the police to be guaranteed a passage into the Parliament. Eventually, the order was presented to the tribunal chairman.
Soon after, the five judges were suspended. The judges were Tan Sri Azmi Kamaruddin, Tan Sri Eusoffe Abdoolcader, Tan Sri Wan Hamzah Mohamed Salleh, Tan Sri Wan Suleiman Pawanteh and Datuk George Seah. This effectively suspended the Supreme Court. With the Supreme Court suspended, the challenge toward the legality of the tribunal could not be heard. The tribunal later removed Tun Salleh Abas from his office. Tan Sri Wan Sulaiman and Datuk George Seah were also removed from office. The other three judges were later reinstated.
The irregular dismissal of Tun Salleh Abas led the Bar Council of Malaysia refusing to recognize the new Lord President. Around the same time, the Federal Constitution was amended to divest the courts of the "judicial power of the Federation", granting them instead such judicial powers as Parliament might grant them.
Read more about this topic: 1988 Malaysian Constitutional Crisis
Famous quotes containing the words suspension, removal and/or judges:
“There are two kinds of liberalism. A liberalism which is always, subterraneously authoritative and paternalistic, on the side of one’s good conscience. And then there is a liberalism which is more ethical than political; one would have to find another name for this. Something like a profound suspension of judgment.”
—Roland Barthes (1915–1980)
“Many a reformer perishes in his removal of rubbish,—and that makes the offensiveness of the class. They are partial; they are not equal to the work they pretend. They lose their way; in the assault on the kingdom of darkness, they expend all their energy on some accidental evil, and lose their sanity and power of benefit.”
—Ralph Waldo Emerson (1803–1882)
“How utterly futile debauchery seems once it has been accomplished, and what ashes of disgust it leaves in the soul! The pity of it is that the soul outlives the body, or in other words that impression judges sensation and that one thinks about and finds fault with the pleasure one has taken.”
—Edmond De Goncourt (1822–1896)