The Attorney-General’s Chambers today raised a preliminary objection on a suit filed by a Port Dickson voter against PKR president-elect Anwar Ibrahim and the Pardons Board over his royal pardon for a sodomy conviction.
Senior federal counsel Suzana Atan, who appeared with Shamsul Bolhassan, told reporters that the High Court in Kuala Lumpur has no jurisdiction to hear the matter as Noraziah Mohd Shariff should have filed the case with the Election Court.
The objection by the AG’s Chambers on behalf of the Pardons Board came after Anwar filed an application to strike out the suit yesterday.
Justice Azizah Nawawi then fixed Nov 8 to hear the preliminary objection and striking-out application as Noraziah’s lawyer M Reza Hassan just received the documents yesterday.
Anwar’s lawyer J Leela had told Malaysiakini that her client applied to strike out Noraziah’s suit on the grounds of non-justiciability of the full pardon granted and the fact that the voter concerned did not have the locus standi (legal standing).
“We further said that the suit is frivolous, vexatious and an abuse of the court process,” she added.
Anwar is contesting the Port Dickson by-election following the resignation of its incumbent MP Danyal Balagopal Abdullah.
The move was seen as allowing him to return to Parliament and high government post if he wins.
Voting is scheduled for this Saturday.
Noraziah, 38, filed the suit on Sept 28 to invalidate the pardon.
Her originating summons sought the court’s declaration that the royal pardon did not invalidate Anwar’s disqualification from holding public office.
Noraziah also sought declarations that the Pardons Board was not established constitutionally, the royal pardon was not in accordance with Article 42(5) of the Federal Constitution and that Anwar was not allowed to run for public office until the expiry of his five-year ban.
Her suit was filed by the law firm of Raja Reza and Associates.
In her affidavit in support of the application, Noraziah argued that the royal pardon was defective on grounds that the Federal Territories Pardons Board advised the Yang di-Pertuan Agong in an unconstitutional manner.
She claimed that the board was not established in accordance with Article 42(5) of the Federal Constitution.
Article 42(5) reads: “The Pardons Board constituted for each state shall consist of the attorney-general of the federation, the chief minister of the state and not more than three other members, who shall be appointed by the Ruler or Yang di-Pertua Negeri; but the attorney-general may from time to time by instrument in writing delegate his functions as a member of the board to any other person, and the Ruler or Yang di-Pertua Negeri may appoint any person to exercise temporarily the functions of any member of the board appointed by him who is absent or unable to act.”
Noraziah also alleged that the board had operated without the presence of the Federal Territories minister and the attorney-general.
At the time of Anwar’s pardon, the Federal Territories minister had yet to be appointed while Mohd Apandi Ali could not dispense his duties as attorney-general as he was on leave.
The de facto PKR leader was granted a full pardon on May 16 after his case was presented and considered by the 51st Pardons Board meeting for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
– M’kini
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