Articles in Constitution that give Agong power to grant pardons

The Yang di-Pertuan Agong has the power to grant pardons, reprieves, and respites.

This is for all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya, while the state ruler or governor has similar power for all offences committed within their territory.

This is enshrined in Article 42(1) of the Federal Constitution regarding the power of pardon.

Article 42(2) also states that subject to Clause (10) - and without prejudice to any provision of federal law relating to remission of sentences for good conduct or special services - any power conferred by federal or state law to remit, suspend, or commute sentences for any offence shall be exercisable by the Agong if the sentence was passed by a court-martial or by a civil court exercising jurisdiction in the Kuala Lumpur, Labuan, and Putrajaya and, in any other case, shall be exercisable by the ruler or governor of the state in which the offence was committed.

Article 42(3), on the other hand, states that where an offence was committed wholly or partly outside the federation, or in more than one state, or in circumstances which make it doubtful where it was committed, it shall be treated as having been committed in the state in which it was tried.

For this clause, the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya, shall each be regarded as a state.

Article 42(5) states 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 governor.

The attorney-general may, from time to time, delegate his functions as a member of the board to any other person, and the ruler or governor 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.

Article 42(6) also explained that members of a Pardons Board appointed by the ruler or governor shall be appointed for a term of three years and shall be eligible for reappointment, but may at any time resign from the board, and Article 42(8) states that the board shall meet in the presence of the ruler or governor and that he shall preside over it.

According to Article 42(9), before tendering their advice on any matter, a Pardons Board shall consider any written opinion that the attorney-general may have delivered.

Meanwhile, the power to grant pardons, reprieves, and respites in respect of, or to remit, suspend or commute sentences imposed by any court established under any law regulating Islamic religious affairs in the state of Malacca, Penang, Sabah, or Sarawak or the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya shall be exercisable by the Agong as head of the religion of Islam in the states, as provided for under Article 42(10).

Article 42(11) states that there shall be a single Pardons Board for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya and the provisions of Clauses (5), (6), (7), (8), and (9) shall apply mutatis mutandis to the Pardons Board under this clause except for that reference to “ruler or governor” shall be construed as reference to the Agong and reference to “chief minister of the state” shall be construed as reference to the minister responsible for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya.

Earlier today, the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya announced that former prime minister Najib Razak, who is serving a 12-year prison sentence, will be released earlier, that is on Aug 23, 2028, after the Pardons Board in its meeting on Jan 29 decided to reduce his jail sentence by half.

According to the statement issued by the Pardons Board Secretariat, the fine to be paid by Najib was also cut to only RM50 million from the original RM210 million.

Najib, 70, who has been serving a jail sentence at the Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42 million in SRC International funds, filed the petition for a royal pardon on Sept 2, 2022.

- Bernama