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Chief Justice Sundaresh Menon: Speech at Launch of Behind the Gavel
Speech at Launch of Behind the Gavel
Thursday, 3 July 2025
The Honourable the Chief Justice Sundaresh Menon
Supreme Court of Singapore
The Right Honourable Tun Tengku Maimun binti Tuan Mat, former Chief Justice of Malaysia, and Dato’ Zamani bin Ibrahim
Your Excellency Mr Vanu Gopala Menon, the Singapore High Commissioner to Malaysia
The Right Honourable Tan Sri Datuk Amar Abang Iskandar bin Abang Hashim, former President of the Court of Appeal of Malaysia
The Right Honourable Tan Sri Zainun binti Ali, former Judge of the Federal Court of Malaysia
Honourable Judges of the Federal Court and the Court of Appeal, and Honourable Judges and Judicial Commissioners of the High Court of Malaysia
Mr Girish Kamat, Country Head of Thomson Reuters Malaysia
Distinguished guests
Friends, ladies and gentlemen
I. Introduction
1. A very good afternoon to all of you. It is a great honour for me to address you at the launch of this book, which commemorates the remarkable life and legacy of the Right Honourable Tun Tengku Maimun binti Tuan Mat. And it is a particular pleasure for me to be in Kuala Lumpur among so many close friends. Let me first thank Tun Maimun for her extremely kind words.
2. When I was invited to pen the foreword to the book and to make some remarks today, I readily agreed to do so. Over the course of the last several years, Tun Maimun has become a very good friend. But beyond this, she has proven to be a courageous, clear-thinking and visionary leader who has earned the respect and admiration of her peers and colleagues both here in Malaysia as well as abroad. I can cut to the chase by citing a recent article that was published in The Straits Times in Singapore, which observed that she “is widely considered to be one of the best leaders of the judiciary in Malaysian history”.(1) Entirely in line with this, I was delighted to note that Tun Maimun has been at the receiving end of rapturous praise and widespread acclaim and appreciation over the course of the last few days culminating in her 66th birthday, just yesterday! She fully deserves this. In particular, you would have read about the impromptu farewell on her final day in office, when several lawyers paid heartfelt and moving tributes to Tun Maimun and Tan Sri Datuk Abang Iskandar following the conclusion of court proceedings. These tributes included one on behalf of the Malaysian Bar, whose Vice-President highlighted Tun Maimun’s “visionary leadership, unwavering commitment to justice, and pioneering contributions to [Malaysia’s] legal system”.(2) He also hailed her “extraordinary legacy that has fundamentally transformed the Malaysian judiciary”.(3) I could not agree more with these assessments, and I am therefore very grateful to have this opportunity to pay my own tribute to a truly exceptional friend and judicial colleague and to participate in what in truth is a celebration of a shining and inspiring legal and judicial life and personality. In my remarks this afternoon, I will briefly outline Tun Maimun’s remarkable journey in the law, before turning to the profound legacy that she leaves behind as the 16th Chief Justice of Malaysia.
II. Tun Maimun’s Journey in the Law
3. Tun Maimun read law at the University of Malaya and graduated with honours in 1982. Since then, her entire professional life – spanning more than four decades – has been devoted to the law and to serving her nation. She began her career as a legal officer, first in her hometown of Kelantan at the Southern Kelantan Development Board, and then at the Municipal Council of Seremban, Negeri Sembilan. In 1986, she joined the Malaysian Judicial and Legal Service as an Assistant Parliamentary Draftsman in the Attorney-General’s Chambers. Over the next two decades, she went on to serve with distinction in many different capacities in the Judicial and Legal Service, including as a Federal Counsel at the Kuala Terengganu Legal Aid Bureau, as a Special Officer to the then Chief Justice of Malaysia, and as Chief Registrar of the Federal Court.
4. In October 2006, Tun Maimun embarked on the next phase of her illustrious career, when she was appointed as a Judicial Commissioner of the High Court of Malaya at Kuala Lumpur. Less than a year later, in September 2007, she was confirmed as a Judge of the High Court. In January 2013, she was elevated to the Court of Appeal, and in November 2018, she was appointed as a Judge of the Federal Court.
5. Notably, just six months later, on 2 May 2019, she assumed office as Malaysia’s Chief Justice. This was a watershed moment in the history of the Malaysian judiciary, and in part at least it has been regarded that way because Tun Maimun was the first female Chief Justice of Malaysia. But as Tun Maimun has herself observed, we should never forget that her appointment was based on merit and therefore ought not to be defined by her gender.(4) She is a brilliant Chief Justice because she is a brilliant Chief Justice. The book we launch today reinforces this point through its rare insights into Tun Maimun’s life and career before she took office, and I will highlight a few of these.
6. Let me begin with some of what others have said about Tun Maimun’s judicial talent which was spotted and seen from her earliest days. As a young magistrate, Tun Maimun was taken aback when she received a letter from the late Federal Court judge Tan Sri Azmi Kamaruddin, who wrote with remarkable prescience: “my purpose of writing to you is to congratulate you for the short and concise judgment which you wrote … which should be a model for other magistrates to emulate. If you keep abreast with the law, I am sure you will achieve excellence in your judicial and legal career”.(5) Elsewhere in the book, Tan Sri Dato VC George notes that during his tenure as a Judge of the Commercial Division of the High Court of Malaya at Kuala Lumpur, there were three registrars who stood out and who would, in his words, “go places”. One of them was none other than Tun Maimun.(6) Incidentally, another was Tan Sri Zainun Ali, who also has contributed a chapter to this book and from whom we have already had the pleasure of hearing. As she recalled, Tun Maimun served as her deputy registrar during her tenure as a Judicial Commissioner. Tan Sri Zainun notes in the book that even then, Tun Maimun demonstrated “great moral courage and formidable discipline” and was “destined for greatness”.(7) Before I move on, as for the third registrar mentioned by Tan Sri VC George, I will leave you to read the book to find out who he is!(8) Suffice it to say that Tan Sri George clearly had excellent judgment because all three of them did indeed “go places”.
7. Let me now turn to Tun Maimun’s time as a judge in the High Court and the Court of Appeal, where she developed and consolidated a formidable reputation for her powerful intellect, her clarity of thought, and above all, her steadfast courage. Judicial courage is relatively easy to define. In essence, it describes the strength of character and deep conviction that is needed to dispense justice according to law, and always to do right to all manner of people in all circumstances, without fear or favour, affection or ill-will. In many jurisdictions around the world, the judicial oath of office encompasses some variant of this. And judges, in general, take this very seriously because they know that it is on this that their legitimacy as judges rests. But occasionally, one comes across the very personification of this crucial quality. That personification then strikes one as an immovable force that will not give way except to the dictates of justice. That is what we see in Tun Maimun.
8. In the foreword to the book, I discuss two cases to illustrate this point. The first is Indira Gandhi(9) and the second is Karpal Singh,(10) which involved a prominent opposition politician and lawyer who was charged with sedition. This afternoon, I will focus on the former, bearing in mind that Tun Maimun recently singled it out as a pivotal case in her career.(11) This was an appeal by the Inspector General of Police (or “IGP”) against a mandamus order issued by the High Court.(12) Briefly, the respondent and her ex-husband had entered into a civil marriage. Following their divorce, the ex-husband converted to Islam, obtained a custody order from the Syariah High Court in Ipoh, and then took away their youngest daughter. The respondent, in turn, obtained a custody order from the Ipoh High Court that ordered the immediate return of the child. When the ex-husband failed to comply with the latter order, the Ipoh High Court issued a warrant of committal against him.(13) The IGP refused to execute the warrant on the basis that there were two seemingly conflicting court orders. His position was that executing the order from the civil court would cause him to be in contempt of the order from the Syariah court.(14) Under these circumstances, the respondent sought a mandamus order from the Ipoh High Court to compel the IGP to execute the warrant. Although this was granted at first instance, it was set aside by the majority in the Court of Appeal, who considered that public policy militated against the use of public resources to enforce what was described as “private rights”.(15)
9. In a carefully reasoned dissenting judgment in the Court of Appeal, Tun Maimun observed that the Ipoh High Court was the only court with jurisdiction to deal with the custody of the children, given that the parents had entered into a civil marriage.(16) It followed that it was inaccurate to characterise the dispute as one that was purely private in nature, since the IGP had a statutory duty to execute the warrant, and his refusal to do so had broader implications on the administration of justice.(17) Although this might seem like a dry point of law, given the religious overtones and sensitivities in the case, it was bound to attract attention and criticism from at least some quarters. Indeed, Tun Maimun was heavily criticised, with some even claiming that she was acting against her religion.(18) But her lonely position as the sole dissentient was eventually vindicated when the Federal Court ultimately agreed in large part with her decision.(19) This was also the case with her dissent in Karpal Singh, where she concluded that his conviction for sedition ought to have been set aside. Needless to say, these were just examples of her steadfast commitment always to do right by all manner of people, and always to do what she believed to be right regardless of popular sentiment and regardless of the potential non-legal consequences. That to me is the very essence of judicial courage. As she once told me, the commitment always just to do the right thing assured her that she could sleep peacefully!
III. Tun Maimun’s Tenure as Chief Justice
10. Given that rare combination of her obvious legal talent and the manifest display of her judicial virtues, it is entirely unsurprising that her subsequent appointment as Chief Justice was received with enthusiastic acclaim. It should be remembered that she was a relatively junior member of the Federal Court at the time, yet she had the trust and confidence of her colleagues on the Bench. And as far as the Malaysian Bar was concerned, she was already widely admired and respected for her judicial work. This was reflected in the Bar’s public statement that was issued in support of her appointment, in which they described her as a judge “known for her sound decisions, impeccable judicial temperament and most of all her independence”.(20)
11. Six years on, it is safe to say that Tun Maimun has more than lived up to the expectations that came with her appointment. She leaves behind a lasting legacy not only as one of the most consequential leaders in the history of the Malaysian judiciary, but also as one of the strongest champions of judicial independence across the globe. It is therefore entirely fitting that Tun Maimun will speak about judicial independence when she delivers the 30th Singapore Academy of Law Annual Lecture next Friday,(21) at which time she will join an illustrious list of distinguished speakers, almost all of whom have been serving or recently retired Chief Justices.
12. I would venture to say that few are more qualified to speak on this important subject than Tun Maimun, who has pursued the cause tirelessly throughout her tenure. In her maiden speech as Chief Justice, she emphasised that “in deciding cases, judges are answerable to no one, except their conscience and their learning, where decisions are made solely on the evidence presented in court by the parties and in accordance with the law”.(22) That should be a textbook definition of judicial independence. She also stressed the need for responsible public discourse on judicial decisions and highlighted the collective responsibility of all stakeholders to safeguard the independence of the judiciary. This marked the first of many speeches where she championed this vital cause, culminating in her impassioned plea for the importance of protecting judicial independence at her final Opening of the Legal Year address.
13. Through these speeches, Tun Maimun has explained that judicial independence is not an end in itself. Rather, it is an essential precondition for the courts to properly discharge their constitutional role – which is to safeguard society against unlawful exercises of state power, and to protect individual rights and liberties.(23) Tun Maimun expressed this powerfully at the recent Commonwealth Law Conference in Malta, when she said that “the unequivocal role of the Judiciary is to uphold the supremacy of the Federal Constitution by ensuring that parliamentary and executive power remain within their constitutional limits. This duty demands that judges adjudicate cases with absolute independence, impartiality and integrity, without yielding to fear or favour. They must stand resolute in the face of adversity, undeterred by criticism or external pressures. Judicial independence is not an end in itself but a paramount means to ensure that the Rule of Law prevails within the constitutional framework.” (24)
14. Significantly, these pronouncements have been matched by concrete action. Through her decisions, she has set the standard for what it means to discharge one’s judicial mission faithfully and courageously. This is particularly evident in her jurisprudence in a number of landmark constitutional cases. In the words of Emeritus Professor Datuk Dr Shad Saleem Faruqi, widely regarded as Malaysia’s foremost constitutional law scholar, Tun Maimun has led a “renaissance” of the Constitution, and the Federal Court under her watch “has been the most progressive apex court” in Malaysia’s history.(25) Again, to give just a few examples, in Lai Hen Beng,(26) the Federal Court held that section 498 of the Penal Code – which made it an offence to take or entice away a man’s wife – was a form of gender-based discrimination and hence unconstitutional, given that “gender” is a forbidden classification under Article 8(2) of the Federal Constitution. And in Iki Putra and Nik Elin,(27) the Federal Court held that certain state-enacted Islamic criminal laws were unconstitutional, having regard to the division of powers between the federal and state governments set out in the Constitution.
15. These are just a few of the many high-profile cases presided by Tun Maimun, often with religious or political dimensions and which have therefore attracted considerable public scrutiny and debate. At times, the intense public attention has given way to threats against Tun Maimun and her family. Yet, she has consistently refused to allow these pressures to divert her from her core mission, and has gone about her work with consummate grace and dignity.
16. Apart from her adjudicatory work and public pronouncements, Tun Maimun has also been a visionary leader who has driven significant reform in the Malaysian judiciary, such as in the area of civil procedure and in the modernisation and digitalisation of the courts. In particular, one of her key priorities has been to promote access to justice. Under her tenure, a whole host of tech-driven initiatives have been introduced to enhance the accessibility of the courts. These include the Electronic Plead Guilty or e-PG system, which allows individuals charged with certain traffic offences to enter their plea remotely;(28) and the e-Jamin system, which has streamlined and expedited the bail process in Malaysia through online banking.(29)
17. One other initiative that I would like to make particular mention of is the mobile courts initiative that was started by her immediate predecessor, Tun Richard Malanjum, when he served as the Chief Judge of Sabah and Sarawak.(30) Under Tun Maimun’s leadership, the programme has been strengthened and expanded to include urban areas.(31) I have specifically highlighted this initiative because Malaysia has done pioneering work in this critical area and this has been influential in shaping the approach that all of us in the region should be taking in our own efforts to enhance access to justice. It reminds us that there is a need to consider what justice requires in any given context and how it can be dispensed practically and proportionately. The mobile courts also demonstrate that in our endeavour to promote access to justice, it is not always necessary to deploy sophisticated technology or to introduce extensive systemic reform. Rather, of far greater importance are a heart for the less privileged, the conviction that the law can be used as a force for tremendous good, and the courage to execute bold ideas. These are qualities that both Tun Maimun and Tun Malanjum have exemplified.
18. I personally have had the opportunity to witness first-hand Tun Maimun’s commitment to the cause of justice, through our many interactions over the years. We have worked together on several important initiatives to strengthen the bilateral judicial relationship between our courts, such as through the implementation of protocols on court-to-court communication and cooperation in admiralty, shipping, cross-border corporate insolvency cases and just this week, in cross-border family matters. I have also seen her visionary leadership in multilateral platforms such as the ASEAN Law Association (or “ALA”) and the Council of ASEAN Chief Justices (or “CACJ”). For example, as President of the ALA, Tun Maimun has established the Standing Committee for Women in Law to promote greater inclusivity in our profession. And as Chairperson of the CACJ, Tun Maimun hosted the inaugural CACJ Retreat in 2023, which served as an important platform to set the long-term strategic direction for the CACJ. In the course of all our interactions, I have been left with a deep impression of Tun Maimun’s genuine sense of humility and decency, coupled with her unyielding dedication to serve others to the best of her ability.
IV. Conclusion
19. Before I close, let me say a few words about this commemorative book, which as you have heard is in three parts.
(a) The first part contains reflections from various authors who have offered personal insights into Tun Maimun as a leader, a jurist and a person, some of which I have already mentioned.
(b) The second part contains a collection of her judgments, which were personally selected by Tun Maimun. While she has rightly focused on her constitutional jurisprudence, there is impressive coverage of other areas, such as criminal law, contract law, intellectual property law and arbitration law. What is notable is that the judgments have been reproduced in summary form to enhance their accessibility for lay readers.
(c) And finally, the third part of the book contains a carefully curated selection of Tun Maimun’s speeches, again chosen by Tun herself. While judicial independence emerges as a recurring theme, these speeches span a broad and fascinating array of subjects, from access to justice to gender equality to technology.
20. The book as a whole therefore stands as an excellent summation of Tun Maimun’s enduring legacy. I am confident that it will be an extremely valuable addition to the annals of Malaysian legal history, and I extend my heartiest congratulations and appreciation to the team at Thomson Reuters, both for their dedication in publishing this work and for successfully organising today’s event.
21. Let me also make special mention of Tun Maimun’s family, whom she has described as her “bedrock of support and strength” throughout this truly extraordinary journey.(32) In particular, let me mention her husband, Datuk Zamani Ibrahim, who has been her constant source of comfort and support. He too has become a good friend through our many interactions over the last few years. On behalf of all of us, I thank her family for sparing her to this nation. And above all, I thank Tun Maimun for her outstanding work, and for the inimitable way in which she has gone about doing this outstanding work. That sense of appreciation that we all feel is so evident in this room this afternoon, as seen in the length of the standing ovation that we all participated in, in her honour. It speaks to the deep appreciation that we all have for a life that has been devoted to the service of the law and to this nation. I wish her the very best for a happy and healthy retirement, with the joy of time to enjoy her family to the full, especially the young grandchildren that she speaks ever so fondly about. And, of course, I wish her a very happy birthday indeed, for yesterday! May there be many happy returns. May I also take this opportunity to extend my best wishes to yet another very good friend, Tan Sri Abang Iskandar, who celebrates his birthday today! He has had a distinguished judicial and legal career, culminating in his historic appointment in 2023 as President of the Court of Appeal – the first ever Judge from Sabah and Sarawak to hold this post. He too has participated in this project to build the Malaysian Judiciary and has left his own indelible mark, and I wish him a well-deserved and fulfilling retirement.
22. Earlier this year, I had the honour of participating in a tribute video put together for Tun Maimun, which featured short messages from Chief Justices in the region and from distinguished members of the Malaysian legal profession.(33) What I found most moving, however, were the messages from the law students and graduates towards the end of the video. Each of them spoke of Tun Maimun as an inspirational and towering figure whom they sought to emulate. Some of the terms used to describe her include: a “beacon of hope”, a “pillar”, a “benchmark for all of us to follow”, an “idol”, the “north star of the judiciary”, and the “guiding light of our legal fraternity”. These heartfelt expressions from the young in particular remind us of what is perhaps the most important thing that we should take away from today. In Tun Maimun, we see that very rare combination of legal and judicial brilliance on the one hand, and her sheer humanity and sense of empathy on the other, something that Tan Sri Zainun Ali has already mentioned. It is that special combination which is truly unique and which we really celebrate today. All that has been said in the book and all that has been said this afternoon perfectly illustrate Tun Maimun’s profound impact and lasting legacy, and I have no doubt that her story will continue to inspire generations of lawyers and judges, both in Malaysia and beyond.
23. Distinguished guests, friends, ladies and gentlemen, it is now my pleasure and privilege to launch Behind the Gavel, a commemorative book in tribute to the Right Honourable Tun Tengku Maimun binti Tuan Mat. Thank you very much.
(1) Shannon Teoh, “Malaysia’s Top Judge Calls for Greater Independence as Spectre of Interference Rises Again” (The Straits Times, 10 January 2025).
(2) Dawn Chan, “Court Proceedings Become Farewell Tribute as Lawyers Honour Tengku Maimun” (New Straits Times, 1 July 2025).
(3) Tarani Palani and Timothy Achariam, “Outgoing CJ Tengku Maimun’s Staunch Leadership, Stellar Credibility Lauded” (The Edge Malaysia, 1 July 2025).
(4) Tun Tengku Maimun bt Tuan Mat, Behind the Gavel (Thomson Reuters Asia, 2025) (“Behind the Gavel”) at pages 650 and 697.
(5) Behind the Gavel at page 649.
(6) Behind the Gavel at page 21.
(7) Behind the Gavel at page 5.
(8) This was Tan Sri Datuk Harmindar Singh Dhaliwal, who later served alongside Tun Maimun on the Federal Court.
(9) Ketua Polis Negara v Indira Gandhi a/p Mutho [2015] 1 AMR 762; [2015] 2 MLJ 149 (“Indira Gandhi”).
(10) Karpal Singh a/l Ram Singh v Public Prosecutor & Another Appeal [2016] 8 CLJ 15.
(11) “‘Never About Religion’: Indira Gandhi Thanks Tengku Maimun for Explaining that Family was at the Heart of Child Abduction Case (Malay Mail, January 21, 2025).
(12) A mandamus order is known in Singapore as a mandatory order.
(13) The High Court also issued a recovery order that “directed the police to investigate and determine the whereabouts of the father and the child and to obtain custody of the child from any place where she may be found”. See Indira Gandhi (COA) at [44].
(14) Indira Gandhi at [46].
(15) Indira Gandhi at [29].
(16) Indira Gandhi at [56].
(17) Indira Gandhi at [57] and [58].
(18) Behind the Gavel at page 800.
(19) Indira Ghandi a/p Mutho v Ketua Polis Negara [2016] 3 MLJ 141.
(20) Behind the Gavel at page 649.
(21) Tun Maimun will speak on the topic “Judicial Independence in the Federalist System: Constitutional Judicial Review on the Powers of Federal Parliament and State Legislature”.
(22) Behind the Gavel at page 599.
(23) Sundaresh Menon CJ, “The Role of the Courts in Our Society – Safeguarding Society”, Opening Address at Conversations with the Community (21 September 2023) at para 6.
(24) The Right Honourable the Chief Justice of Malaysia Tun Tengku Maimun binti Tuan Mat, “Judicial Independence and Parliamentary Sovereignty – A Colossi of Roads?”, speech delivered at the 24th Commonwealth Law Conference in Malta (8 April 2025) at para 47.
(25) Emeritus Professor Datuk Dr Shad Saleem Faruqi, “She Led a Renaissance of the Constitution” (The Star, 27 January 2025).
(26) Lai Hen Beng v Public Prosecutor [2024] 1 AMR 249; [2024] 1 MLJ 225.
(27) Iki Putra bin Mubarrak v Kerajaan Negeri Selangor & Anor [2021] 3 AMR 217; [2021] 2 MLJ 323 and Nik Elin Zurina bt Nik Abdul Rashid & Anor v Kerajaan Negeri Kelantan [2024] 2 AMR 361; [2024] 2 MLJ 150.
(28) High Court of Sabah and Sarawak, Press Release on Usage of Electronic Plead Guilty (E-PG) For Traffic Offences in Sabah and Sarawak (17 July 2024).
(29) Bernama, “Govt to Continue Using e-Jamin Bail System” (New Straits Times, 18 May 2024).
(30) See Sundaresh Menon CJ, Opening Address at the Jones Day – Centre for Asian Legal Studies Professorial Lecture on the Rule of Law in Asia (18 January 2024) at paras 3–6; Sundaresh Menon CJ, “Technology and the Changing Face of Justice”, speech at the Negotiation and Conflict Management Group (NCMG) ADR Conference 2019 at paras 2–4. Prior to 2007, a large segment of the rural communities in East Malaysia did not register the birth of their children within the 42-day period prescribed by the law, because the topography of the region and the sheer remoteness of their villages from the offices of the National Registration Department, made it extremely challenging and costly for them to do so. This meant that many children could not enjoy the privileges of Malaysian citizenship, including that of formal education. The mobile courts initiative was an innovative solution that responded directly to this problem. Buses were procured and then modified into mobile courtrooms, each equipped with the necessary satellite connection and information technology equipment, and staffed by an interpreter, a Commissioner for Oaths and a Magistrate. These buses would then make the way to the villages for the magistrates to hear cases of “late birth registrations”, along with other civil and criminal matters. The programme has been a resounding success – notably, in less than a decade, it had facilitated the birth registration of more than 87,000 children.
(31) Sam Chua, “Chief Justice: Mobile Court Programme to Include Reaching Out to Urban Poor, Not Just Rural Areas” (Borneo Post Online, 16 January 2020).
(32) Behind the Gavel at page 652.
(33) The tribute video was presented during an event organised by the Yayasan Tan Sri Professor Ahmad Ibrahim (YTSPAI) on 20 January 2025, titled “Live to Lead: My Journey from Kota Bharu to the Palace of Justice”.
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