The AGC said the High Court ruling had reaffirmed the power of pardon is a prerogative of the king, as guaranteed under Article 42 of the federal constitution.
But Article 42 also provides that in exercising this prerogative, the king, Malay rulers and governors must convene with the Pardons Board when deciding pardon applications.
“In Najib’s case, the minutes of the 61st meeting of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya clearly show that the issue of house arrest was never discussed (or) ordered by the 16th King during the meeting,” stated the AGC.
According to the constitution, the Pardons Board comprises the Attorney General, the minister responsible for the Federal Territories of Kuala Lumpur, Putrajaya and Labuan, and three other members appointed by the king, the High Court ruling noted.
The Pardons Board meeting only considered Najib’s application for a full pardon, and the order made by the then-king – Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah – was solely to reduce the term of imprisonment and the fine, the AGC said.
“As such, the High Court judge ruled that any purported additional order for house arrest was not made pursuant to Article 42 of the constitution, as the matter was neither discussed by the board nor decided by the 16th King during the same meeting,” the AGC said.
“This clearly shows that the High Court’s decision did not undermine the powers of the King, the Malay rulers, or governors in granting pardons,” it added.
“Moreover, the judge in the written judgment had recognised the prerogative powers of the King, the Malay rulers and governors, which cannot be exercised by any other party.”
AGC CAUTIONS AGAINST ATTEMPTS TO MISLEAD
The AGC also cautioned against attempts to incite or disrupt public order through misleading interpretations of the court’s judgment, reported news outlet New Straits Times.
The AGC said it is committed to defending the royal institution and upholding the constitution.
“All parties should respect the appeal process that has been initiated by Najib,” it added.
Malaysia Prime Minister Anwar Ibrahim also called for calm on Tuesday and for all parties to respect the judiciary following the High Court’s ruling on Najib’s house arrest bid.
“Based on the principle of legal sovereignty, all parties should respect the decision made by the judges, including the legal avenues available for filing appeals, as provided under the law and in accordance with the powers of the Yang di-Pertuan Agong (the king),” Anwar said in a statement.
His remarks came after a Democratic Action Party (DAP) lawmaker’s social media post that was perceived as celebrating the judgment against Najib.
The post came under fire from leaders of another party, the United Malays National Organisation (UMNO), and sparked threats of an UMNO pullout from the unity government. The DAP is also a part of Anwar’s unity government.
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