Dato’ Mahadev Shankar wrote these words in remembrance of a departed judge in 1998:
“Death would be meaningless if it does not put life in perspective.”1
Today, as we remember Dato’ Mahadev Shankar, those words invite us to reflect upon the life of an exceptionally gifted individual — a former Court of Appeal Judge, lawyer and Bar Council member — who passed away on 26 October 2026 at the age of 94.2
Dato’ Mahadev Shankar was a towering figure in the Malaysian legal fraternity whose career spanned over six decades across the Bar and the Bench. Yet, when the Malaysian Bar conferred upon him its Lifetime Achievement Award in 2014,3 he spoke with deep gratitude of his parents, teachers, mentors, colleagues and friends, whose care and guidance had shaped his life.4 His reflections revealed a man who recognised and valued the contributions of those who had supported him throughout his journey towards a distinguished career.
A Rodger Scholar at the Victoria Institution, Dato’ Mahadev Shankar was called to the Bar of the Honourable Society of the Inner Temple in 1955 and admitted as an advocate and solicitor of the High Court of Malaya in August 1956. He began his legal practice at Shearn Delamore & Co (“Shearn Delamore”), where he was later made a partner at the age of 29 and remained throughout his years in private practice.5
In an interview,6 Dato’ Mahadev Shankar recalled that, while he was still learning in England, he was “immediately put to work independently albeit without pay for the first three months” upon joining Shearn Delamore. His breakthrough came during his pupillage when he was tasked with drafting an opinion on jus soli for Tun Tan Siew Sin to present a memorandum to the Reid Commission. Tun Tan Siew Sin’s comments earned him an immediate transfer to Shearn Delamore’s Seremban office (with an allowance) in his fourth month of pupillage. He later became the partner responsible for Shearn Delamore’s Malacca office and, subsequently, its Seremban office.
He served the legal profession as an elected Bar Council member (1965/66, 1967/68 and 1972/73) and as the Selangor Bar Representative to the Bar Council (1971/72). In 1979, he was among 13 lawyers selected as Judicial Commissioners to help reduce the backlog of cases in the High Court. He was subsequently elevated as a High Court Judge in 1983 and appointed to the newly established Court of Appeal in 1994, where he served until his retirement in 1997.7
On the Bench, Dato’ Mahadev Shankar was widely celebrated for his sharp judicial mind and mastery of languages. In Majujaya Holdings Sdn Bhd v Pens-Transteel Sdn Bhd & Ors [1998] 3 CLJ 202, he candidly called out systemic judicial delays, observing:
“Too many litigants get their awards so many years later that victory is academic or worse still pyrrhic! This is not something we should encourage.”
His words remain a reminder of the practical consequences of delay for those seeking justice. Dato’ Mahadev Shankar’s concern for justice is also illustrated in Muniandy a/l Ayappareddi and 6 Ors v Krishnan a/l Kanapathy,8 where he observed:
“The darkest depths in the search for justice is reached when witnesses give sworn evidence on material issues which they know to be untrue and which can be objectively proven to be false. No Court can stand idly by when it happens because it is the ultimate perversion of justice.”
His pragmatism was equally evident in Ching Seng Woah v Lim Shook Lin [1997] 1 MLJ 109, where he cautioned against a narrow interpretation of statutory provisions that could deprive young adults of parental support. He expressed this concern in the following terms: “When parents divorce, the children suffer the most. If Mr Sidhu is right, every able bodied child of 18 can be turned out into the streets with impunity! Not only can they not look to their parents thereafter for money but also by inference for shelter in the matrimonial home!”
In his book Summum Bonum, The Ultimate Good, he recalled a conversation with a senior lawyer who suggested that some practitioners facing financial difficulties may have to resort to using money held in their clients’ accounts. Dato’ Mahadev Shankar’s response was unequivocal — he warned that any member of the Bar found stealing money from a client’s account would be struck off the Rolls.9 This account reflected the importance he placed on a lawyer’s fiduciary duties and the integrity expected of members of the profession.
Dato’ Mahadev Shankar’s contributions extended beyond the courtroom. He served on three Royal Commissions of Inquiry: The Royal Commission of Inquiry (“RCI”) on the Reform of Marriage and Divorce Laws (1971), the RCI into injuries sustained by Dato’ Seri Anwar Ibrahim (1999) and the RCI into the V K Lingam video clip (2007).10 He also served on the National Goodwill Council (1969), and was conferred a citation by the Yang di-Pertuan Agong for public service during the May 1969 emergency. He was also conferred the Darjah Dato’ Paduka Mahkota Selangor (1983)11 and was one of the founding Commissioners of the Human Rights Commission of Malaysia (“SUHAKAM”), serving from 2000 to 2002.12 He was the founder president of the Medico-Legal Society of Malaysia, past president of the Astronomical Society of Malaya, vice president of Zoo Negara and a director of Malaysian Airlines System (1974–1982).
His reflection that death should put life in perspective now brings into focus a life whose contributions reached far beyond the courtroom: through his advocacy, his contributions to the development of the law, and his service to the profession and the nation. The Malaysian Bar remembers Dato’ Mahadev Shankar with respect, admiration and gratitude, and extends its heartfelt condolences to Datin Janet Kuek, their children, family members and loved ones. His legacy of intellectual brilliance, fairness and justice will continue to inspire generations to come.
But while we mourn his passing, we must celebrate his life. For those of us who have dedicated our lives to the law, we can pay no greater compliment than to say that his was a life to emulate. It is also proof positive that not all the best judges get to retire at the apex court.
How does one choose a fitting end to an epitaph such as this? For a judge known for his many profound judicial pronouncements, I would end this with an extrajudicial comment which rang true then and rings true today, its meaning universal and evergreen. In an interview in 2014,13 he emphasised the importance of public confidence in the judiciary:
“The judiciary must have the confidence of the community,” he says, speaking slowly and choosing each word with care. “It is not just a question of actual bias. It is also the perception of bias. If judges are not so myopic that they cannot see that their judgments do not have the confidence of the community, they must surely ask themselves what is wrong.”
Dato’ Mahadev Shankar earned and commanded the confidence of his community to the end.
Anand Raj
President
Malaysian Bar
30 October 2026
1 Mahadev Shankar, “Valediction to Tan Sri Sarwan Singh Gill (1914–1998)”, 1 MLJ (1999): cxxix.
2 “Former Court of Appeal judge Mahadev Shankar dies at 94”, The Star, 26 October 2026.
3 Citation for Mahadev Shankar, recipient of the Malaysian Bar Lifetime Achievement Award 2014, Malaysian Bar website, 16 March 2014.
4 “In Reply”, Dato’ Mahadev Shankar’s acceptance speech delivered upon receiving the Malaysian Bar Lifetime Achievement Award 2014 at the Malaysian Bar Annual Dinner and Dance, 15 March 2014, reproduced on the Victoria Institution website.
5 “Former Court of Appeal judge Mahadev Shankar dies”, Free Malaysia Today, 26 October 2026.
6 “Interview with Dato’ Mahadev Shankar”, Relevan, Issue No 3/05, December 2005.
7 “Obituary: Mahadev Shankar: A life devoted to the law, justice and the nation”, The Edge Malaysia, 27 October 2026.
8 Muniandy a/l Ayappareddi and 6 Ors v Krishnan a/l Kanapathy [1995] CLJU 93.
9 Summum Bonum, The Ultimate Good, Dato’ Mahadev Shankar, collated and edited by Santhi Latha, pp 288–289, Sweet & Maxwell, 2021.
10 “Mahadev Shankar, member of royal inquiry into Anwar black-eye and VK Lingam scandal, passes away”, The Edge Malaysia, 26 October 2026.
11 “Dato’ Mahadev Shankar – Judge of the Court of Appeal”, 3 MLJ (1994): clxxxv.
12 “About Us”, under “Past Commission – 2000–2002”, listing Dato’ Mahadev Shankar as one of the inaugural Commissioners, SUHAKAM website.
13 “Without integrity, you have nothing”, The Star, 18 March 2014, reproduced on the Victoria Institution website.