All pardon applications must go through Pardons Board, says Istana Negara

 

Istana Negara said the king has the power under Article 42(1) and (2) of the Federal Constitution to grant pardons, delay punishments, and reduce sentences for offences in the federal territories.

PETALING JAYA: 

Istana Negara has reiterated that any proposal for a prisoner to be granted a pardon or sentence reduction must be submitted to the Pardons Board for consideration.

The palace said the king holds the prerogative to grant pardons under Articles 42(1) and (2) of the Federal Constitution, based on the advice of the Pardons Board he chairs, for offences committed within the Federal Territories.

“The Yang di-Pertuan Agong also has the authority to remit, suspend, or reduce any punishment imposed by the courts for such offences,” it said in a statement today.

“Therefore, if any party wishes to propose that a prisoner be granted a pardon or sentence reduction, the application must be submitted by the prisoner for consideration by the Pardons Board, chaired by the Yang di-Pertuan Agong, at the next meeting.”

Istana Negara also urged all parties to respect the Federal Constitution and uphold the rule of law in such matters.

The statement comes amid plans for a rally in support of former prime minister Najib Razak, who has a court appearance on Jan 6 over his challenge to be allowed to serve the remainder of his jail sentence under house arrest.

The Attorney-General’s Chambers released a similar statement on Wednesday, saying that any proposal for prisoners in the federal territories to serve the remainder of their sentences under house arrest, including Najib, have to be submitted to the Pardons Board.

“Decisions made by the Yang di-Pertuan Agong on the advice of the Pardons Board are subject to applicable legal provisions to prevent such actions from being challenged in court for being unlawful,” it said.

Najib is currently serving a six-year jail sentence at Kajang prison on corruption charges in the SRC International case.

This follows the decision by the FTPB, at a meeting chaired by the then Yang di-Pertuan Agong on Feb 2, 2023, to reduce his original 12-year prison term to six years, and also his fine from RM210 million to RM50 million.

On Jan 6, the Court of Appeal will hear Najib’s application for leave to adduce fresh evidence in his appeal to serve the remainder of his jail term under house arrest, which he claims was issued in a supplementary order to the Feb 2 announcement.

Najib previously said the pardons board had omitted announcing the terms of the supplementary order, and that the government was in contempt for not complying with it. - FMT