Lawmaker and lawyer Hassan Karim believed that Umno’s quest to seek a pardon for their former leader Najib Abdul Razak would not put Prime Minister Anwar Ibrahim in a bind.
Hassan (above), who is the Pasir Gudang MP, explained that Article 42(4)(a) of the Federal Constitution read together with Article 40 meant that the Yang di-Pertuan Agong acts on pardons after consulting the Pardons Board.
“This meant that the advice of the prime minister or cabinet was not necessary.
“Anwar and his government will be safe from Najib’s quest to seek a pardon as long as the prime minister and cabinet adhere to the doctrine of separation of powers and not intervening in the powers of the Agong,” he said in a statement.
Yesterday, the Umno’s supreme council resolved that it would petition the Agong to pardon Najib, who is currently serving a 12-year jail sentence for criminal breach of trust, money laundering, and abuse of power.
Najib was convicted in view of RM42 million in money originating from government-owned SRC International Sdn Bhd flowing into his personal bank account.
Meanwhile, Hassan explained that the Pardons Board consists of the attorney-general, the minister of the federal territories, and not more than three members appointed by the Agong.
Hassan’s statement does not address the fact that Anwar is the on Pardons Board by virtue of being minister for the federal territories.
The Agong was required to chair Pardons Board meetings and thus has a big say on pardons, said Hassan.
“Anwar, as prime minister, cannot be blamed if the pardon process is expedited or delayed. Anwar also cannot be blamed if the pardon is allowed or rejected.
“As long as the doctrine of separation of power is observed, then Anwar’s position as prime minister and the unity government will not be threatened,” he said. - Mkini
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