Anwar wants pardon case to be heard by Federal Court

Former opposition leader Anwar Ibrahim wants the High Court in Kuala Lumpur to refer his review of Pardons Board's decision to the Federal Court.

Latheefa Koya, the lawyer who is representing Anwar's family, told Malaysiakini that Justice Nor Bee Ariffin will hear the matter again on Tuesday afternoon in chambers. Anwar is conducting the case himself.

He, his wife and PKR president Dr Wan Azizah Wan Ismail as well as their daughters Lembah Pantai MP Nurul Izzah and Nurul Nuha, had named the Federal Territory Pardons Board, the attorney-general and the government as respondents in the application forjudicial review.

“The senior federal counsel representing the board is objecting to the judicial review application as they said the issue is non-justiciable.

“However, Anwar told the court that the two cases cited by the government's lawyers were wrong and not applicable,” said Latheefa.

She said Anwar is making the application to refer the matter to the apex court under Section 84 of the Courts of Judicature Act for reference of constitutional question by the High Court.

The question is whether the Pardons Board's decision can be challenged in court.

Latheefa said Anwar's case against the Election Commission will be heard on Tuesday morning in open court while the afternoon session will be the matter before Justice Nor Bee, where she will hear submissions on the matter and whether to grant leave.

The basis of their application. filed in June last year, is the presence of the then attorney-general Abdul Gani Patail in the board's meeting, when there was an undertaking from then prime minister Abdullah Ahmad Badawi that the AG would not be involved in the case.

Anwar and his family are seeking an order to quash the March 16 decision and compel the board to reconvene the meeting and consider all matters related to their petition and tender the appropriate advice to the Yang di-Pertuan Agong.

Alternatively, they are seeking the board to advice the Agong that Anwar should be pardoned and released from serving his five years' jail sentence for Sodomy II. -Mkini