Karpal, Mahathir exchange letters on 1988 judicial crisis
On 27 March 2008, the MP for Bukit Gelugor, Karpal Singh, wrote to former premier Mahathir about the 1988 judicial crisis. “It is not the present Government which should apologise, but you yourself personally,” wrote Karpal. “Your culpability in the events leading to the dismissal of these three judges cannot have any justification in law or otherwise.”
“The necessity for you to apologise cries to high heaven. Your acts caused the judges concerned and their families untold pain and suffering.”
Karpal said he was writing to find out whether Mahathir was prepared to tender an unqualified and unconditional apology to Salleh Abas, George Seah and the family of the late Wan Suleiman Pawanteh, “who was one of the finest judges the judiciary ever had”.
It is imperative that the spirit of Wan Suleiman be appeased, he added. “This is the least you can do in your lifetime to atone for your actions for what transpired twenty years ago.
In an extraordinary letter to Karpal on 3 April 2008, Mahathir responded with guns blazing:
YB Mr Karpal Singh
Member of Parliament, Bukit Gelugor
Yang berhormat
Thank you for your letter.
You and my other detractors will never believe me whatever I may say. You are moved by pure hatred and I cannot respond to people who can never accept reality.
My conscience is clear. I have done what was my duty and I owe nobody any apology. I am sure you will make use of this letter to dirty my name further. That is your right. I think you are the most contemptible of politicians and individuals.
Dr Mahathir bin Mohamad
Karpal responded today in a press statement:
I stand by what I have stated in my letter. I refer, in particular, to the last paragraph of Dr Mahathir’s letter where he calls me “the most contemptible of politicians and individuals.”
As Dr Mahathir is much older to me, I do not propose to hurt his feelings in the vein by which he has described me.
I would advise Dr Mahathir to take my views in his stride. I assure him I don’t hate him.
Karpal Singh
Ordinary Malaysians can gauge for themselves Mahathir’s role in this whole sordid affair.
Why not let Tun Salleh provide an eye-witness account of what transpired. This account is based on his private notes and was reproduced in Aliran Monthly, soon after his dismissal in 1988:
When I arrived at the Prime Minister’s Department I was met by a policeman who took me by lift to a waiting room. After waiting for about two or three minutes, I was shown into the Prime Minister’s Office by an officer, whom I did not recognise. There I found YAB Perdana Menteri (then prime minister Mahathir Mohamad) seated at his table with YAB Encik Ghafar Baba, Timbalan Perdana Menteri (then deputy prime minister) and Tan Sri Sallehuddin Mohamed, Ketua Setiausaha Negara (the then chief secretary to the government) seated at the same table opposite the Prime Minister. When I entered the room I gave the Prime Minister and the others my salam very loudly and he replied my salam. (Peace be on You).
After I had taken my seat, the Prime Minister told me that he had an unpleasant duty to perform and on being asked what it was, he replied that he had been asked by (the then) DYMM Seri Paduka Baginda Yang Di Pertuan Agong to tell me that I should step down. I then expressed my surprise in an Islamic way saying “Glory to God, who is free from any partnership.” Then I asked him for the reasons and in reply he said that he was not prepared to argue with me, but finally he said the reason was that I had written a letter to DYMM Seri Paduka Baginda Yang Di Pertuan Agong regarding the state of relationship between the Judiciary and the Executive. I told him that I wrote the letter simply because Judges, at a meeting on 25 March 1988, had informed me that they were very concerned about the present situation and asked to express their views through me. YAB Perdana Menteri then said that I made speeches indicating that I am biased and I am not qualified to sit in UMNO cases. I told him that I said nothing of that and the speeches I had made only dealt with the criticisms levelled at the Judiciary. I am not at all biased or bipartisan in political matters. While all this was going on, YAB Encik Ghafar Baba kept his head down while Tan Sri Sallehuddin was writing in a note book, which he was then holding.
When finally I said I would not resign, he told me that if I stepped down I would be given everything that I was entitled to. I told him that I was entitled to nothing since I was not yet 60. Obviously, he was surprised when told I was not 60 yet. Finally, he said that if I did not step down he would institute a Judicial Tribunal with a view to removing me. I told him I would not resign because if I did, I could not show my face to anyone and I might as well die.
He said that I could see the Agong if I wanted to and he would not stop me from doing so.
I told him that I would not be resigning and he could do what he pleased with me, including going ahead with the Tribunal. As there was nothing else to discuss, I finally said “Datuk, I should not waste anybody’s time”, and I shook his hand, also Encil Ghafar Baba’s and Tan Sri Sallehuddin’s. None of these three looked me right in my face and I could detect Encik Ghafar Baba was strangely silent and Tan Sri Sallehuddin only caught me by the side of his eyes but he too appeared to be subdued.
The Prime Minister himself, from the beginning to the end, did not even look me in the eye. He was looking down at his table all the time.
I left his room and I only saw one policeman outside his room who appeared surprised to see me there. When I went downstairs there was nobody even to see me off and no one called for my driver. I had to go out to look for my driver.
My future is tied up with the fate of this country. I come from an unknown family and I have reached the top of my profession. I have no desire to leave until I have reached the age of 65 like my predecessors, except the Sultan of Perak, who vacated the job because of a call of duty to be the Ruler of Perak. I leave my fate to the judgment of Allah and as it is Friday, I wish to quote the Quran, which says, “No misfortune will fall on us except what has been decreed by Allah. He is our protector and in whom the believers should place their trust.” This passage from the Quran struck my heart as I entered the door of the Prime Minister’s Office and it remained with me during the course of our discussion till the end, and to my exit from his room.
You be the judge!
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from what i read of his account, TDM was ASKED by the Agong to sack him. TDM was caught between a rock and a hard place. If he is so power hungry, he would just order him to be sacked. instead, he used proper channel and institute a tribunal. he was not in the tribunal himself. the people in the tribunal decided to sack him after months of deliberation. i sense that TDM was godsmacked and felt the weight of the world on his shoulders in order to make that decision. that’s why he didn’t look at TSA directly. I would hazard a guess that the decision to convey the message that the agong wants TSAto resign was a really difficult thing to do. wallahu’alam
Please jebatmustdie, nobody does anything without Mahathir’s go ahead, even the Agong. He can’t sack, the Chirf Justice, it is not provided for by the law. Only a tribunal could and did you bother to find out who the members of the tribunal were?
Tun Salleh Abbas is saying the truth. It is like seeing his heart rather than the pure lies (of others). Dear Tun Salleh: we apologise to you.
well,its might be tough,,maybe we shoukd ask the ex agong whether he gave the instruction to sack the judge throu mahathir
Who do you believe? It is hard to believe Dr. Mahathir. He says that his conscience is clear. Is it clear or seared so that he cannot feel anything. It is time to review the whole thing. If you you do not deal with the cause the problems will never be solved in the judiciary. While Tun Salleh Abbas is still alive, it must be done.
Dr T
Mahathir is indeed a recalcitrant. All those in the room, if they are still around in this world, should come out to testify gracefully.
Tun Salleh Abas is a man of honour and integrity, I saw him speak in person at Hotel Federal before the Elections.
May Allah protect this Tun Salleh from the evil doings of those men and jinn and may Allah guide this lawyer Karpal Singh for trying very hard to uphold the rule of law.
Mahathir will be nailed one way or another. He will live long to see the sh’t he made oozed out of malaysia. He will not die until he is nailed.
Tun Salleh as a Christian i fully support your faith in God Almighty. It is also written in Proverbs “Trust in God with all your Heart and lean not on your own understanding. In all your ways Acknowledge Him, He will make straight your path” In humility and with great honor i address a true gentleman and a great Malaysian TUN. The title bring honor to you, your family, your fellow citizens and your country/ As for TDM, history will remember who you truly are. And just like the honorable Karpal Singh, we do not have u TDM….. just very sad and disappointed.
The BN government is increasingly looking like the Titanic. The mud slinging going on between Badawi, Mahathir and Razaleigh is leaving the BN regime in tatters. This is not helped by spineless individuals like Nazri Aziz and Zahid Hamidi who would cheer on anyone who is PM but immediately chastise the individual once he is no longer PM. (Remember, dear Mahathir and Badawi, “Melayu mudah lupa”.) Then, we have the Ong brothers from MCA talking trash while MIC and Gerakan are busy re-inventing themselves in circles.
We also hear that document and files have gone missing in states ruled by Pakatan Rakyat. Personally if you asked me, I don’t trust the BN government, the Police, the Judiciary, the AG, the Elections Commission and the civil service.
Due to this, I believe that Pakatan Rakyat must not waste any time to form the government. The BN government is now falling from within. If we as a nation don’t bail out from this spiral, we as a nation may end up in the abyss with Badawi and Company! We must have regime change by having a PR government in place. We must not let the BN regime stay in power for another 5 years because by the time the next GE comes, the nations wealth would have been stripped clean and all evidence involving the sins of the BN regime would have been wiped clean by then.
Some people are against the crossing over of elected BN reps to PR. They feel this is a betrayal of the voter’s trust. What I would like to suggest is why not, come April 28, if there are any BN MP’s who are disillusioned and dissatisfied with the BN regime, they can declare themselves as Independent MP’s and join the 82 PR MP’s in passing a motion of no confidence on Badawi and his government.
I think His Majesty the Yang Dipertuan Agung, would not consent for another GE. Rather, the 82 PR MP’s can form a Minority government. Infact, this government can also go on to be a Government of National Reconciliation by having not only the Independent MP’s with them but also BN MP’s as well, so long as they are clean.
Therefore, there is no need to wait for Datuk Seri Anwar to get to Parliament for this to happen. With Datuk Seri Anwar by her side, I’m sure Leader of the Opposition, Datin Seri Dr. Wan Azizah will make a good PM. Time is of the essence. We must not let this opportunity slip away. Go for regime change now!
When wrongs have been done
In the course of one’s duty
A leader or CEO must be willing to be humble
It doesn’t mean one will lose dignity
It signifies one’s graciousness
Every one complaint
It is the norm of human society
Nobody is perfect in this world
Nobody should live and believe it
We aren’t perfect no matter how much we tried
We should be grateful to live and enjoy our temporary sojourn
On the world God creates for us
Prime Minister yesterday and today
Rulers Emperors and Kings
They too make mistakes
With power which corrupts on the wrong hand
So one should be humble as years shown otherwise
Apology for wrongs done
It shows sign of a true leader
In the loop or out of it
It doesn’t mean one has lost one face
The arrogant leaders in the world
Be it in Malaysia or in the superpowers
Or in the small countries
No leader is ever perfect
They work on the advice
Positioning one survival in power
Metering out punishment to sustain the power game
Only some people get hurt in value and prestige
Others just pick up the pieces and go on living
When years come to pass
Events unfold of past deeds
Leaders of those times
They should acknowledge their roles
Don’t be stubborn and still stick to one believes
Events have shown otherwise
It is better to shake hands
Let the new day begins once again
The basic issue is whether the independence of the judiciary was compromised by TDM. If the reason for removing Tun Salleh was because TDM thinks that Tun Salleh was biased against the Government then it was the wrong reason. In any hearing each party will always think they are right and when judgement is passed against him he will cry foul. The judge must have the independence to decide without fear of losing his job just because he decide against the prevailing powers. So it is clear that there was abuse of power to remove Tun Salleh just because TDM precieved him to be biased. Any thinking Malaysian can see that a grave injustice was done. This is the reason why Malaysians were stirred from their indifference to vote against Barisan Nasional
[...] Karpal, Mahathir exchange letters on 1988 judicial crisis [...]
Tun Salleh said, …”but finally he (Mahatir) said the reason was that I had written a letter to DYMM Seri Paduka Baginda Yang Di Pertuan Agong regarding the state of relationship between the Judiciary and the Executive. I told him that I wrote the letter simply because Judges, at a meeting on 25 March 1988, had informed me that they were very concerned about the present situation and asked to express their views through me.”
Someone explain this please; is it really a crime for Tun Salleh to write to the Agong? I’m very sure Tun Salleh would not have written such a letter to the Agong if it is really wrong for him to do so.
Then,..”YAB Perdana Menteri then said that I made speeches indicating that I am biased and I am not qualified to sit in UMNO cases.”
Here, obviously, is the real reason why Mahatir wanted Tun Salleh to step down, because - assuming what mahatir said is true - why should the Agong take any offence on behalf of umno? Totally illogical!
Clearly mahatir is wrong.
What we hear and see today is M’sia still runs by this … TDM by proxy.
Haven’t we have enough of him?
Haven’t we “seen through” of him?
Do we have to remind him that everything he did by proxy would go back to him even without his finger print on it?
My salute to Karpal Singh. I hope many more of such a commited men will raise up and nail this TDM and put him in the proper place in our nation’s history.
Truth must be told and our children should learnt the truth not the lies left to them.
Dear Anil
Dr Mahathir was the Architect of the Judicial Collapse in
1988 and he must pay for it. Enough has been written on the
matter. It has not regained its old glory. In fact after Independence between 1957 - 1997 Malaysia was held in high esteem by the World Judiciary.
Yesterday, they had the Judges Conference, and as I wrote
in the Aliran regarding the setting up of the Commission on the appointments and promotion of Judges only a month ago,
it looks like, it will come into fruition. Let us hope for
best.
The only way out for Maha is to apologise openly to
Yang Amat Arif Tun Salleh Abas - a great Judge next to Tun
Dr. Mohd Suffian - with both of whom I had close relationship as Editor of the Current Law Journal. Between 1979 - 1988 almost every week I met them. In fact Tun Suffian had give a me a date, I think it was Thursday, I must see him at 10.am. to brief him what goes on around,
as the Tun had already retired from the Judiciary.
Such Great personalities they were . I wonder whether Malaysia will ever have one!
Dr Hamid Ibrahim
Executive Director,
Denning’s Research Centre Malaysia
10th April, 2008.
Let us have RCI and clear Tun Salleh name and give him the credit due to him and reinstate him with his due in pay arrears.
This sordid affair is all in print in “May Day for Justice” by K Das and Salleh.
It’s all there for those who want to know the truth.
Mahathir may not admit to any wrongdoings which is “an inborn defense mechanism” among humans, more so among arrogant mortals like Mahathir.
History will convict him.
[...] On 27 March 2008, the MP for Bukit Gelugor, Karpal Singh, wrote to former premier Mahathir about the 1988 judicial crisis. “It is not the present Government which should apologise, but you yourself personally,” wrote Karpal. “Your culpability in the events leading to the dismissal of these three judges cannot have any justification in law or otherwise.” Read the full entry [...]
katataknak,
tun hamid omar headed the tribunal. this is from wikipedia:
Four Malaysian judges, a Sri Lankan judge, and a Singaporean judge were appointed to form a six-member tribunal that would hear the case. The tribunal chairman was Justice Abdul Hamid Omar, who was appointed as acting Lord President due to Salleh’s suspension. Salleh was officially charged with writing “a letter to the Agong without approval of all judges in the country”, displaying “bias and prejudice” against the government, and seeking “to undermine public confidence in the government’s administration”. In addition, the government took issue with a ruling Salleh had made in a case involving a minor’s religion, and a statement he had made to the media after his suspension, which allegedly was “calculated to politicise the issues and further discredit the government”. Salleh was represented by Anthony Lester, QC, who objected to the tribunal’s composition. It was argued Abdul Hamid had a vested interest in the case’s outcome, since if Salleh was impeached, he would remain Lord President.
Although many from the ranks of the opposition as well as the former government such as Tunku Abdul Rahman considered the sacking of Tun Salleh Abas abhorrent, Mahathir’s supporters insisted that it had liberated the Malaysian judiciary from a colonial mindset. The sacking of several justices was justified by claims that these judges had been abusing public funds for their personal expenses — such as the purchase of luxury furniture from Italy. It was also claimed that the sackings had eliminated deadwood and improved efficiency in the courts, as evinced by a reduction in their backlog
if mahathir was all powerful like what u said, umno would have never be deregistered, the case would not happenned, kelantan would not fall to PAS in 1990, he would have won comfortably in 1987. just a thought. it’s just the case the (then) Agon (allegedly) had a personal vendetta (coz salleh sentenced the agong to 6 months jail when he was a crown prince) with salleh abas and tun hamid omar seized the opportunity to be lord president.
Paul Keating is indeed right, Mahathir is a recalcitrant.
Tun Salleh, the Rakyat want to apologise to you for what Mahathir did because it was us who elected him.
Can someone please organise a meeting so that the Rakyat can come out in full force to apologise to Tun Salleh Abbas and ask him and other judges for forgiveness ?
the emasculation of the judiciary and consequent decline of the credibility started the day he was sacked. look at the characters who sat at the chair after him until recently. i can say they sting to high heavens. even then, the current credible CJ was not the top choice and his tenure is only for a short stint for him to warm the seat and appease the critics. after him, is the man most qualified?
for whatever credit attributable to mahatir for his foresight in the country’s induatrialisation program, this has been more than wholly negated by his subversion and demolishment of our august institutions including the judiciary, the AG office, the ACA and the Police. I pray for the day when these institutions reclaim their independence and to serve the people as intended.
malayamuda,
Rakyat never elected Mahathir. Umno did. ‘A Democrat’ commented in Malaysian Sentinel-So What’s Up With Malaysia that:-
I hope to see, in time to come, let Rakyat elect Prime Minister and Chief Minister through general elections. Then the elected PM and CM will form their respective cabinet and exco.
Currently, PM and CM was nominated by political parties which won the majority seats. There are flaws in the current system as:-
a) the one nominated have to be consented by the Yang Dipertuan Agong and respective Sultans. The ones who nominated may not be agreed by YPA and Sultans as what we seen in Perlis and Trengganu;
and
b) the PM and MB ultimately appointed may not be true refection of the Rakyat’s choice. This is due to concentration of voters varies vastly.
True democracy will only be there if PM and CM are elected from direct voting from Rakyat.
I agreed with these comments.
http://malaysiansentinel.blogspot.com/2008/04/power-to-people-malaysia-should-be.html
Karpal’s response is killing him in its mildness. Sometimes a feather is all that is required.
jebatmustdie,
It is clear TDM is a non-believer of ‘Karma’. A recalcitrant is one who can turn black to white. That is why, TDM is a ‘recalcitrant’.
Lingam tape report will be out soon, lets see how. Only a recalcitrant will say such things :-
I forgot the event
It is my prerogative, I don’t need to explain
It’s look like me, but it’s not me
It’s talk like me, but it’s not me
His conducts really make us vomit, don’t you think so?
To my understanding of the cronology to the event, Mahathir was only doing his job as he was ordered by the Agong, as the Agong has his personal problems with Tun Salleh himself.As we also have to go back to a case in Kuching,Sarawak where an accused was detained for almost 4 years (more than the maximum of 2years if he is convicted),that has prompt the PM to lambast the judiciary for the error.The judges was so comfortable that they were feeling they are above the law that no one could question them, should anyone attempt, could be charge for contemp of court.This was the PM duty to check the juriciary so that the judges do their job to the people aspectation, but Tun Salleh complained to the Agong an the Agong wants him to be sacked.Mahadthir has followed the rules and the Tribunal is the one who sacked Salleh, not Mahadthir.
I believe justice will prevail if a person has integrity and done good in his life. Dr M who is always in denial, could continue putting the blame on others for the evil deed he has done during his tenure. Just remember “What goes round comes around”.
mahathir,
You do not have a conscience so do not say your conscience is clear…
I was wondering what was going through Mokthar Abdullah head moment before he died.
I was wondering what was going through Megat Junid’s head moment before he died.
Malaysians like you and me were raped and robbed off independent judiciary system the day he manipulated the judiciary circles and sacked Tun Salleh. I remember reading George Seah’s article in Bar council website.
Rakyat has spoken this time. Mahathir in the midst of trying to protect the old tumor that was ruptured prematurely, willing to throw any contemptible remarks on anyone. Be it Chinese as communist, be it Jew, be it Karpal Singh, be it anyone that tried to correct his wrongful past.
Yes, the great … now is out in open. Exposed and undo by his own past.
I am wondering what will be going through Mahathir on the final moment. Is it still going to be that clear after all ? The Rakyat will see to it ….
By the way, Petronas does not need any special advisor or pay consultant fee …
The money should be better use to pay our country teachers,doctors..
Mahathir is guilty. Saying sorry to Tun Salleh is not enough. It like Mahathir have ‘raped’ Tun Salleh and sorry cannot bring back his dignity and how about his retirement money?? Mahathir must be charged and punished and his retirement money he’s getting now must be seized because that money comes from Rakyat … and don’t hope your son Mukhriz will be able to become next PM. Your family political career is over…
A panel of prominent judges from the Commonwealth countries should be appointed to hear to case. Only then, dignify and integrity of Malaysian Judiciary would be restored.
You agree, Hisammuddin? No point talking the details that you mentioned. Rakyat know who is in the wrong and right.
The Barisan National top leaders should accept full responsibility for their poor performance in the recent general election and resign from government and party positions with immediate effect. This is to fullfill their pledge that they will leave when they are no more wanted by THE PEOPLE. How else you want the people to tell you that you are no more wanted? You are nothing but hypocrates who want to hoodwink the very people who have expressed to you LOUD AND CLEAR that enough is enough. Please realise that you can fool some people for some times but you cannot fool all the people all the time. So Badawi of UMNO, Ong Kah Teng of MCA,Samivelu of MIC, Koh Soo Koon of GERAKAN and Kaveas of PPP, please heed the voice of the majority of the Malaysian people you claim to love, respect and serve.GO AWAY GRACEFULLY avoiding further irrepairable damage.
It’s a normal human reaction for one to deny any wrong-doing. It’s also normal for one to think up excuses to get one exonerated. If, confronted with facts, one should not try to wriggle out of the case, any more, if one is a gentleman!
If, one is given power, position, privileges, status, recognition, the ability to communicate, the persuasive power and a long life, one should be grateful and one has the responsibility to use these gifts for the good of his fellow mankind. One should not misuse any of these gifts, left alone abuse it.
Mahathir,
You once said that Malaysia train Doctors to treat Malaysians. When you refused to upgrade the medical school in the country as requested by the British medical council in order to get the medical societies of the world to accept Malaysian medical degree. You refused but to day you are treated by oversea trained Doctors why ?