Ex-AG: What judicial crisis? No such crisis in 1988

Abu Talib Othman says the only crisis then was among the judges who had too much power, and that the term ‘judicial crisis’ was coined by the lawyers.

KUALA LUMPUR: Former attorney-general (AG) Abu Talib Othman said there was no judicial crisis in 1988, despite such a perception still being held by many today.

“What judicial crisis? There was no judicial crisis. The judges wanted to rule. So when they were criticised, they wrote a petition to the King (Yang di-Pertuan Agong), complaining that the executive was encroaching onto their powers.

“Why did they have to complain about being criticised? You mean you cannot be criticised?” Abu Talib asked.

Last weekend, at the PPBM annual general meeting, party chairman and former prime minister Dr Mahathir Mohamad had said in his winding-up speech that the party would restore the independence of the judiciary should the opposition take over Putrajaya in the next general election.

Many quarters have blamed Mahathir for removing the separation of powers between the executive, legislature and judiciary when he was prime minister from 1981 to 2003.

This is believed to have started with the 1988 judicial crisis, when Salleh Abas (then lord president of the Supreme Court) was removed from office and five other Supreme Court judges were suspended.

Mahathir, however, has denied that he was responsible for Salleh’s removal in 1988.

Abu Talib, who served as the AG from 1980 to 1993, said if at all there was a crisis during that period, it was among the judges as they had too much power.

“The crisis was caused by the judiciary itself. Had they not complained to the King that they were criticised and sent that petition to the King, Salleh Abas would not have been sacked,” he said.

Abu Talib cited a meeting held among the judges from the Supreme and High Courts which decided that Salleh should make a representation to the King to complain about criticisms levelled at the judiciary by the executive.

Asked if he agreed that the crisis then was the trigger that led to the judiciary losing its independence, Abu Talib said the judges themselves had a crisis.

“Why did they have to send the King a petition? That petition was the cause of his (Salleh) sacking.

“Which is why I said, it is not true that Dr Mahathir moved the sacking of Salleh. He was only acting on the command of the King (the late Sultan Iskandar Sultan Ismail),” Abu Talib said.

He claimed the term “judicial crisis” was created by the lawyers.
“Did you know that it was the lawyers who coined that term?”

Abu Talib said the procedure for removing a sitting lord president was prescribed in article 125 (3) of the Federal Constitution. The title of “Lord President” has since been changed to “Chief Justice of Malaysia”. -FMT