Mahathir vs the judges (1988 Crisis - What Really Happened)

Mahathir versus the judges

THE 1988 Malaysian constitutional crisis began with a divisive Umno election the year before and ended with the suspension and the eventual removal of the Lord President of the Supreme Court, Tun Salleh Abas, from his seat.

The Supreme Court in the years leading up to 1988 had issued several rulings that irritated the government of then premier Mahathir Mohamad (left), who had narrowly won re-election as Umno president in the bitterly fought poll.

Among other things, a judge had declared Umno 'an unlawful society' in a case brought by disgruntled losing party members.

The last straw for Tun Dr Mahathir came when the Supreme Court ordered the release of prominent opposition leader Karpal Singh from detention under the Internal Security Act.

The premier submitted several constitutional amendments to Parliament, divesting the courts of the 'judicial power of the Federation' and giving them only such powers as Parliament might grant them. He also lambasted the judiciary for their interference.

Tun Salleh convened a meeting of all 20 judges from the Supreme and High Courts in Kuala Lumpur where they agreed not to publicly reply to Tun Dr Mahathir's criticisms. Instead, they wrote a confidential letter to the King and the Malay rulers, expressing their grievances.

The Lord President was subsequently hauled before a tribunal convened by the premier on the grounds of misconduct. Five judges of the Supreme Court who granted him a temporary order against the tribunal were also suspended.

The crisis ended with the sacking of Tun Salleh along with two of the five judges.