Mahadev Shankar
Encyclopedia
Datuk Mahadev Shankar is a prominent Malaysian lawyer
and former Malaysian Court of Appeal Judge
.
He is currently serving as a member of the Royal Commission of Inquiry into the Lingam Video Clip
to investigate into an allegation of illegal intervention into the judicial appointment process of Malaysian judges purportedly occurred in 2002.
to a Brahmin
family. Growing up with friends of many races, he easily picked up Tamil
, Malayalam, Cantonese and Malay
.
In 1941, while in Primary 2 of the Pasar Road School, his studies were disrupted by World War II
and the Japanese Occupation
. His family moved to the Glenmarie Estate near Klang
(now in Shah Alam
) where most of the Brahmin
community had gone, and then stayed with old family friends who had a bungalow off Lorong Seputeh in Old Klang Road. However, by early February 1942, his family returned to Peel Road. Singapore
fell on the 15th February 1942 and the Japanese took over the administration of the Peninsular immediately after that.
By May 1942, he returned to school where he was taught Japanese songs, and how to read and write Japanese
. In March 1943, however, the food shortage had become so chronic that he and his brother had to work in the Oki Denki Kabushiki Kaisha at the PNT workshops near the Kuala Lumpur Railway Station
.
After World War II
, Shankar joined Victoria Institution
. He was active in debating and in drama. He was the first president of the V.I. Dramatics Society, a successor to the long-dormant VIMADS (V.I. Musical and Dramatic Society) of the 1920s. He is well remembered for his title role as Antonio
in the Society's first major production, Shakespeare's The Merchant of Venice
, which played to packed houses for five nights in August, 1952.
He was also the V.I. Rodger Scholar of 1951.
. He changed his mind when his father ordered him to go to Singapore
on a government scholarship and opt for law. His father was thrilled he chose his family’s traditional profession and made immediate arrangements for him to be admitted into the Inner Temple.
Shankar was called to the Bar of the Inner Temple in 1955 and to the Malayan Bar in July 1956. He then enrolled as an Advocate and Solicitor in Malaya whilst in Shearn Delamore and Company, Kuala Lumpur
, where he became a partner in 1961. He retired from an active legal career in 1983.
During this period he was actively engaged in general litigation and was a Board Member of several public companies including Malaysian Airlines System Bhd from 1975 to 1983. He was the legal advisor to the New Straits Times Group
on libel laws and the resident representative of the Medical Defence Union.
, Kuala Lumpur
, and Selangor
till 1994 when he was elevated to the Court of Appeal. He retired from the judiciary in November 1997.
Apart from the hundreds of Judgements he has delivered during his tenure as a judge he also served as a Royal Commissioner on two national inquiries and was the Advisory Editor for Halsbury’ Laws of Malaysia on Civil Procedure.
With specific reference to Arbitration, whilst in practice he has acted as an Arbitrator in the Whitley Council to revise the Wage Structure of the Postal Department of Malaysia, in labour disputes on the first Industrial Arbitration Tribunal, and in private arbitrations in disputes between dissenting partners in legal firms. He delivered the judgement of the Court of Appeal on the inviolability of the awards of the Regional Centre from Judicial review.
He had the personal distinction as serving as a judge when Sultan Azlan Shah, Tun Mohammad Salleh Abas
, Tun Abdul Hamid Omar
and Tun Eusoff Chin were Lord Presidents / Chief Justices.
He is an Honorary Fellow of the Malaysian Institute of Arbitrators, and is a registered Panel member in the Regional Centre of Arbitration Kuala Lumpur and also in the Singapore International Arbitration Centre.
whilst in police custody.
He was one of the founder members of the Human Rights Commission of Malaysia
which was established in 1999.
in 1998 and is currently an Honorary Visiting Professor in Monash University
, Melbourne
, Australia
and is also an associate of the College of Law in Sydney
, Australia
for their course on Advocacy for post graduate students.
.
He is a Paul Harris Fellow in Rotary International and was recently nominated by the Human Rights Commission of Malaysia
as its Advisory Jurist to the Asia Pacific Forum.
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and former Malaysian Court of Appeal Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
.
He is currently serving as a member of the Royal Commission of Inquiry into the Lingam Video Clip
Royal Commission of Inquiry into the Lingam Video Clip
The Royal Commission of Inquiry Into the V.K. Lingam Video Clip was formed in late 2007 to investigate into an allegation of illegal intervention into the judicial appointment process of Malaysian judges purportedly occurred in 2002...
to investigate into an allegation of illegal intervention into the judicial appointment process of Malaysian judges purportedly occurred in 2002.
Early years
Shankar was born in 1932 in Peel Avenue, Kuala LumpurKuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
to a Brahmin
Brahmin
Brahmin Brahman, Brahma and Brahmin.Brahman, Brahmin and Brahma have different meanings. Brahman refers to the Supreme Self...
family. Growing up with friends of many races, he easily picked up Tamil
Tamil language
Tamil is a Dravidian language spoken predominantly by Tamil people of the Indian subcontinent. It has official status in the Indian state of Tamil Nadu and in the Indian union territory of Pondicherry. Tamil is also an official language of Sri Lanka and Singapore...
, Malayalam, Cantonese and Malay
Malay language
Malay is a major language of the Austronesian family. It is the official language of Malaysia , Indonesia , Brunei and Singapore...
.
In 1941, while in Primary 2 of the Pasar Road School, his studies were disrupted by World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
and the Japanese Occupation
Japanese occupation of Malaya, North Borneo and Sarawak
Throughout much of World War II, British Malaya, North Borneo and Sarawak were under Japanese occupation.The Japanese Empire commenced the Pacific War with the invasion of Kota Bahru in Kelantan on 8 December 1941 at 00:25, about 90 minutes before the Attack on Pearl Harbor in Hawaii at 07:48 on 7...
. His family moved to the Glenmarie Estate near Klang
Klang
Klang , formerly known as Kelang, is the royal city and former capital of the state of Selangor, Malaysia. It is located within the Klang District in Klang Valley. It is located about 32 km to the west of Kuala Lumpur and 6 km east of Port Klang...
(now in Shah Alam
Shah Alam
Shah Alam is the state capital of Selangor, Malaysia situated within the Petaling District and a small portion of the neighboring Klang District. It is located about west of the country's capital, Kuala Lumpur. Shah Alam replaced Kuala Lumpur as the capital city of the state of Selangor in 1978...
) where most of the Brahmin
Brahmin
Brahmin Brahman, Brahma and Brahmin.Brahman, Brahmin and Brahma have different meanings. Brahman refers to the Supreme Self...
community had gone, and then stayed with old family friends who had a bungalow off Lorong Seputeh in Old Klang Road. However, by early February 1942, his family returned to Peel Road. Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
fell on the 15th February 1942 and the Japanese took over the administration of the Peninsular immediately after that.
By May 1942, he returned to school where he was taught Japanese songs, and how to read and write Japanese
Japanese language
is a language spoken by over 130 million people in Japan and in Japanese emigrant communities. It is a member of the Japonic language family, which has a number of proposed relationships with other languages, none of which has gained wide acceptance among historical linguists .Japanese is an...
. In March 1943, however, the food shortage had become so chronic that he and his brother had to work in the Oki Denki Kabushiki Kaisha at the PNT workshops near the Kuala Lumpur Railway Station
Kuala Lumpur Railway Station
Kuala Lumpur Railway Station is a train station located in Kuala Lumpur, Malaysia. Completed in 1910 to replace an older station on the same site, the station was Kuala Lumpur's railway hub in the city for the Federated Malay States Railways and Malayan Railway , before Kuala Lumpur Sentral...
.
After World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, Shankar joined Victoria Institution
Victoria Institution
Victoria Institution is a premier secondary school for boys and one of the oldest schools in Kuala Lumpur, Malaysia. The school is widely known as V.I. and a student of Victoria Institution bears the name Victorian....
. He was active in debating and in drama. He was the first president of the V.I. Dramatics Society, a successor to the long-dormant VIMADS (V.I. Musical and Dramatic Society) of the 1920s. He is well remembered for his title role as Antonio
Antonio (Merchant of Venice)
Antonio is the title character in Shakespeare’s The Merchant of Venice. He is a middle-aged bachelor and merchant by trade who has his financial interests tied up in overseas shipments when the play begins. He is kind, generous, honest and confident, and is loved and revered by all the Christians...
in the Society's first major production, Shakespeare's The Merchant of Venice
The Merchant of Venice
The Merchant of Venice is a tragic comedy by William Shakespeare, believed to have been written between 1596 and 1598. Though classified as a comedy in the First Folio and sharing certain aspects with Shakespeare's other romantic comedies, the play is perhaps most remembered for its dramatic...
, which played to packed houses for five nights in August, 1952.
He was also the V.I. Rodger Scholar of 1951.
Legal career
Shankar originally wanted to study medicine in EdinburghEdinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
. He changed his mind when his father ordered him to go to Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
on a government scholarship and opt for law. His father was thrilled he chose his family’s traditional profession and made immediate arrangements for him to be admitted into the Inner Temple.
Shankar was called to the Bar of the Inner Temple in 1955 and to the Malayan Bar in July 1956. He then enrolled as an Advocate and Solicitor in Malaya whilst in Shearn Delamore and Company, Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
, where he became a partner in 1961. He retired from an active legal career in 1983.
During this period he was actively engaged in general litigation and was a Board Member of several public companies including Malaysian Airlines System Bhd from 1975 to 1983. He was the legal advisor to the New Straits Times Group
New Straits Times
The New Straits Times is an English-language newspaper published in Malaysia. It is Malaysia's oldest newspaper still in print , having been founded as The Straits Times in 1845, and was reestablished as the "New Straits Times" in 1965. The paper served as Malaysia's only broadsheet format English...
on libel laws and the resident representative of the Medical Defence Union.
Judiciary
He was appointed Judge of the High Court in August 1983 and he served in JohorJohor
Johor is a Malaysian state, located in the southern portion of Peninsular Malaysia. It is one of the most developed states in Malaysia. The state capital city and royal city of Johor is Johor Bahru, formerly known as Tanjung Puteri...
, Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
, and Selangor
Selangor
Selangor also known by its Arabic honorific, Darul Ehsan, or "Abode of Sincerity") is one of the 13 states of Malaysia. It is on the west coast of Peninsular Malaysia and is bordered by Perak to the north, Pahang to the east, Negeri Sembilan to the south and the Strait of Malacca to the west...
till 1994 when he was elevated to the Court of Appeal. He retired from the judiciary in November 1997.
Apart from the hundreds of Judgements he has delivered during his tenure as a judge he also served as a Royal Commissioner on two national inquiries and was the Advisory Editor for Halsbury’ Laws of Malaysia on Civil Procedure.
With specific reference to Arbitration, whilst in practice he has acted as an Arbitrator in the Whitley Council to revise the Wage Structure of the Postal Department of Malaysia, in labour disputes on the first Industrial Arbitration Tribunal, and in private arbitrations in disputes between dissenting partners in legal firms. He delivered the judgement of the Court of Appeal on the inviolability of the awards of the Regional Centre from Judicial review.
He had the personal distinction as serving as a judge when Sultan Azlan Shah, Tun Mohammad Salleh Abas
Salleh Abas
Tun Haji Mohamed Salleh bin Abas is a former Lord President of the Federal Court of Malaysia. He was dismissed from his post during the 1988 Malaysian constitutional crisis...
, Tun Abdul Hamid Omar
Abdul Hamid Omar
Tun Abdul Hamid Bin Haji Omar Tun Abdul Hamid Bin Haji Omar Tun Abdul Hamid Bin Haji Omar (born Abdul Hamid Bin Omar (March 25, 1929 - September 1, 2009) was a former Chief Justice of Malaysia.- Early life :Abdul Hamid Omar was born on 25 March 1929 in Kuala Perlis, Perlis Indera Kayangan...
and Tun Eusoff Chin were Lord Presidents / Chief Justices.
Social
In the course of his legal and Judicial career he has been a member of the Malaysian Bar Council for many years, and was appointed a member of the National Goodwill Council in 1969, a Royal Commissioner in 1971 for the Reform of the Laws of Marriage and Divorce in Malaysia and for many years he was a member of the Legal Qualifying Board established under the Legal Profession Act.Legal
Since his retirement from the Judiciary he has acted as an Arbitrator in a corporate dispute between joint venture partners on severance terms, a major dispute between the Owner and Main contractor in one of Kuala Lumpur’s prime building projects. The ongoing arbitrations in which he is now involved include a construction dispute in East Malaysia, and a dispute between two corporate conglomerates on the enforceability of put options.He is an Honorary Fellow of the Malaysian Institute of Arbitrators, and is a registered Panel member in the Regional Centre of Arbitration Kuala Lumpur and also in the Singapore International Arbitration Centre.
Human Rights
In 1998 he was appointed a member of the Royal Commission of Inquiry into the Injuries sustained by Datuk Seri Anwar IbrahimAnwar Ibrahim
Anwar bin Ibrahim is a Malaysian politician who served as Malaysian Deputy Prime Minister from 1993 to 1998. Early in his career, Anwar was a close ally of Prime Minister Mahathir bin Mohamad but subsequently emerged as the most prominent critic of Mahathir's government.In 1999, he was sentenced...
whilst in police custody.
He was one of the founder members of the Human Rights Commission of Malaysia
Human Rights Commission of Malaysia
The Human Rights Commission of Malaysia better known locally as Suhakam is a national human rights institution in Malaysia. It was established by the Malaysian Parliament using the Human Rights Commission of Malaysia Act 1999, Act 597, with a mandate to promote human rights education, advise on...
which was established in 1999.
Education
He was a Visiting Professor to the University of MalayaUniversity of Malaya
The University of Malaya is located on a campus near the centre of Kuala Lumpur, and is the oldest university in Malaysia. It was founded in 1905 as a public-funded tertiary institution...
in 1998 and is currently an Honorary Visiting Professor in Monash University
Monash University
Monash University is a public university based in Melbourne, Victoria. It was founded in 1958 and is the second oldest university in the state. Monash is a member of Australia's Group of Eight and the ASAIHL....
, Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and is also an associate of the College of Law in Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
, Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
for their course on Advocacy for post graduate students.
International Conferences
He has also represented Malaysia on several international conferences on a variety of legal subjects. These included:- Intellectual Property laws in
- SydneySydneySydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
1984 - CanberraCanberraCanberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
1987 - New DelhiNew DelhiNew Delhi is the capital city of India. It serves as the centre of the Government of India and the Government of the National Capital Territory of Delhi. New Delhi is situated within the metropolis of Delhi. It is one of the nine districts of Delhi Union Territory. The total area of the city is...
1995 - TokyoTokyo, ; officially , is one of the 47 prefectures of Japan. Tokyo is the capital of Japan, the center of the Greater Tokyo Area, and the largest metropolitan area of Japan. It is the seat of the Japanese government and the Imperial Palace, and the home of the Japanese Imperial Family...
1997 - Kanchanaburi, ThailandThailandThailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...
1998
- Sydney
- Price Variation and Escalation clauses in International contracts at the Singapore Business Laws Conference
- The Right to a Fair Trial in Heidelberg 1996
- Conferences on Aviation Laws in Dallas 1979, New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
1981, and TaipeiTaipeiTaipei City is the capital of the Republic of China and the central city of the largest metropolitan area of Taiwan. Situated at the northern tip of the island, Taipei is located on the Tamsui River, and is about 25 km southwest of Keelung, its port on the Pacific Ocean...
in 1990.
Currently
Since 1999 to date he has been a Consultant in Zaid Ibrahim and Company which is one of the larger law firms in Malaysia, which also has a branch in SingaporeSingapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
.
He is a Paul Harris Fellow in Rotary International and was recently nominated by the Human Rights Commission of Malaysia
Human Rights Commission of Malaysia
The Human Rights Commission of Malaysia better known locally as Suhakam is a national human rights institution in Malaysia. It was established by the Malaysian Parliament using the Human Rights Commission of Malaysia Act 1999, Act 597, with a mandate to promote human rights education, advise on...
as its Advisory Jurist to the Asia Pacific Forum.