Mohamed Salleh bin Abas (Jawi: محمد صالح بن عباس; 25 August 1929 – 16 January 2021) was a Malaysian judge and politician.
This action was condemned internationally and widely considered to be the event that triggered a marked reduction in the independence of the Malaysian judiciary.
Soon after independence that same year, he was transferred to the national capital of Kuala Lumpur, where he served as Deputy Public Prosecutor.
He returned in 1962, upon which he was appointed state legal adviser and Deputy Public Prosecutor for both Negeri Sembilan and Melaka.
He returned to Kuala Lumpur a year later, and served in a variety of posts under the Attorney-General, culminating in an appointment as Solicitor-General.
[4] At the age of 50, he wanted to retire but was persuaded otherwise by then Lord President of the Federal Court, Tun Suffian Hashim.
When Suffian retired in 1982 and was replaced by Raja Azlan Shah, Salleh became Chief Justice of Malaya.
[5] Previously, its decisions could have been appealed to the British Privy Council, but due to concern over this colonial legacy, the link was officially cut.
[6] United Malays National Organisation (UMNO) was the major component party and leader of the governing Barisan Nasional (BN) coalition, and its President presumably will become Prime Minister of Malaysia.
[10] Mahathir was upset with the judiciary's increasing independence, and in 1988, the government tabled a bill in Parliament to amend Articles 121 and 145 of the Constitution.
[11] At this point, Salleh who was then Lord President of the Supreme Court, began making strong statements about defending the autonomy of the judiciary.
They decided not to directly challenge Mahathir, and instead address a confidential letter to the Yang di-Pertuan Agong (King) and the rulers of the various states.
The letter stated, "All of us are disappointed with the various comments and accusations made by the Honourable Prime Minister against the Judiciary, not only outside but within the Parliament."
[13] It is not known what the King did upon receipt of the letter, but it appears he informed Mahathir, and that they agreed to take disciplinary action against Salleh Abas.
It was argued Abdul Hamid had a vested interest in the case's outcome since if Salleh was impeached, he would remain Lord President.
[17] Instead, Salleh asked the Supreme Court to stay the proceedings because of the tribunal's alleged improper constitution and because the King had been "wrongfully advised".
Four days later, the Yang di-Pertuan Agong suspended the five Supreme Court judges who had issued the order, on Mahathir's advice.
Newly appointed Domestic Trade and Consumer Affairs Minister Shahrir Abdul Samad also voiced support: "The Government has apologised for so many other things to the people, such as the untimely destruction of temples and other issues.
"[25] During the COVID-19 pandemic in Malaysia, on 14 January 2021, Salleh had tested positive for COVID-19 and was admitted to the intensive care unit (ICU) of Sultanah Nur Zahirah Hospital in Kuala Terengganu.
[27][28] He was laid to rest beside the grave of his first wife Toh Puan Azimah Mohd Ali at the Sheikh Ibrahim Muslim Cemetery in Jalan Pusara, Kuala Terengganu.