Former Court of Appeal Judge Mahadev Shankar Dies at 94
KUALA LUMPUR: Former Court of Appeal judge Datuk Mahadev Shankar, renowned for his sharp legal mind, command of languages and enduring contributions to the development of Malaysian jurisprudence, died at Shah Alam Hospital at 2 am today. He was 94.
His close friend, Malaysian-Indian Heritage Society Founder-President Prabhakaran Nair, said funeral arrangements would be announced later.
“It is with deep sadness that we announce the Malaysian-Indian Heritage Society has lost a great supporter, whose friendship and kindness we will always cherish.
“His contributions to the Malaysian judiciary and his involvement in advancing human rights, including his association with SUHAKAM (Human Rights Commission of Malaysia), form an important part of his legacy,” he said.
Mahadev, who began his legal career in the 1950s, was appointed a High Court judge in August 1983 before becoming a Court of Appeal judge in 1994. He retired from the judiciary in November 1997.
Born in Kuala Lumpur in 1932, Mahadev’s early exposure to the legal profession, combined with a strong foundation in classical literature and a mastery of languages, shaped a distinguished career spanning legal practice, judicial service and legal scholarship.
Mahadev began practising law in Seremban before joining the law firm Shearn Delamore & Co, where he became a partner in 1961.
He remained with the firm throughout his years in private practice, handling a wide range of cases involving commercial and civil disputes, criminal law and medical negligence.
Mahadev also earned recognition for his contributions to legal scholarship.
An article he published in the Malayan Law Journal in 1984, examining the distinction between putting a case to a witness and merely making a suggestion to that witness, continued to be cited by the Court of Appeal decades later.
His judgments covered a broad range of issues, from employment disputes and damages in matrimonial cases to delays in the administration of justice.
In one judgment, he warned that prolonged delays could result in litigants receiving court-awarded compensation only years later, when their victory had become meaningless or, worse, a pyrrhic victory.
In a 2014 interview, he described judges as “tigers under the throne”, adapting an expression traditionally associated with the judiciary’s role under royal rule to reflect the Malaysian context.
Several aspects of Mahadev’s legal career, scholarship and approach to the law were also highlighted by writer and senior constitutional lawyer GK Ganesan in his tribute article titled “Is There Any Point in Learning Things by Heart”.
“He was one of the most learned individuals ever to serve in our judiciary. Classical English, Sanskrit, the Vedas, the entire body of English literature: he mastered all these fields just as other judges mastered law reports. Among his peers, no judge in this country could match him,” Ganesan said.
BERNAMA