PN takes watching brief in Najib case, says pardon powers must be respected

 

Opposition leader Datuk Seri Hamzah Zainudin said the coalition was concerned about court proceedings involving constitutional issues related to the powers of the Yang di-Pertuan Agong, the Malay Rulers and the royal prerogative of pardon. BERNAMA FILE PIC

KUALA LUMPUR: Perikatan Nasional (PN) has appointed a lawyer to hold a watching brief in former prime minister Datuk Seri Najib Razak's appeal to serve the remainder of his sentence under house arrest.

Opposition leader Datuk Seri Hamzah Zainudin said the coalition was concerned about court proceedings involving constitutional issues related to the powers of the Yang di-Pertuan Agong, the Malay Rulers and the royal prerogative of pardon.

"Perikatan Nasional is of the view that matters of pardon are among the highest prerogative powers of the Yang di-Pertuan Agong and the Malay Rulers, and these must be respected.

"The coalition does not want the Yang di-Pertuan Agong and the Malay Rulers to be seen merely as a 'rubber stamp'.

"On the contrary, Their Majesties' powers are clearly articulated in the Reid Commission Report to preserve the authority and prestige of the Yang di-Pertuan Agong and the Malay Rulers, as reflected in the Federal Court's interpretation in the pardon case involving Datuk Seri Anwar Ibrahim," he said.

Hamzah added that the power of pardon had been ruled non-justiciable, placing it beyond the scope of judicial review.

"The Chief Justice, in that case, ruled that the power of pardon is an absolute prerogative of the Yang di-Pertuan Agong and is non-justiciable, thereby placing it beyond the jurisdiction of the courts," he said.

He also attributed the controversy surrounding the alleged addendum order to the government's failure to properly manage and address its existence.

"PN urges the government to review provisions in the Federal Constitution relating to the prerogative power of pardon to ensure that the absolute powers of the Yang di-Pertuan Agong and the Malay Rulers, as well as the basic structure of the Constitution, remain intact, clear and protected," he said in a statement today.

However, the Attorney-General's Chambers (A-GC) today dismissed claims that the Kuala Lumpur High Court's dismissal of Najib's judicial review application over an alleged house arrest addendum had curtailed the powers of the King, the Malay Rulers or state governors in matters of pardon.

In a statement, the A-GC said the High Court, in dismissing Najib's application, reaffirmed that the power of pardon is the prerogative of the Yang di-Pertuan Agong as guaranteed under Article 42(1) of the Federal Constitution, consistent with established precedents of the superior courts.

It added that Article 42 also requires the Yang di-Pertuan Agong, the Malay Rulers and the governors to act in consultation with the Pardons Board when deciding on pardon applications.

Yesterday, the Kuala Lumpur High Court dismissed Najib's bid to enforce an alleged royal addendum that would have allowed him to serve the remainder of his sentence under house arrest.

Najib has been incarcerated since Aug 23, 2022, after being convicted of misappropriating RM42 million from SRC International Sdn Bhd. - NST