Incoming PKR president Anwar Ibrahim today filed an application to strike out a suit filed by a Port Dickson voter against him and the Pardons Board over his royal pardon for a sodomy offence.
Anwar's lawyer J Leela, when contacted by Malaysiakini, confirmed the filing of a striking-out application.
She said the reasons Anwar provided were the 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," Leela added.
It is understood that the hearing or case management for the suit has been fixed for tomorrow.
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.
It was reported on Sept 28 that Noraziah Mohd Shariff, 38, had filed a suit at the Kuala Lumpur High Court to invalidate the pardon.
Noraziah's originating summons sought the court's declaration that the royal pardon did not invalidate Anwar's disqualification from holding public office.
She also sought a declaration that the Pardons Board was not established constitutionally, a declaration that the royal pardon was not in accordance with Article 42(5) of the Federal Constitution and a declaration 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.
'Miscarriage of justice'
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.
According to Istana Negara, at the time, the application for the full pardon was made and granted on the grounds that there Anwar was the victim of a miscarriage of justice.
The PKR leader later claimed that the pardon took effect from 1998, therefore, providing him with a clean slate.
Anwar had been serving a five-year jail term – his second prison sentence in two decades – for a sodomy conviction he said was trumped up.
His first prison sentence was also for a sodomy conviction plus an abuse of power charge both of which he maintained was part of a political conspiracy. - Mkini
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