Power Of Pardon Provided For Under Federal Constitution - Azalina

KUALA LUMPUR, Sept 19 (Bernama) -- The power of pardon is expressly provided for under Article 42 of the Federal Constitution and should not be portrayed as an act of being “above the law”, said UMNO Information chief Datuk Seri Azalina Othman Said.

The Minister in the Prime Minister’s Department (Law and Institutional Reform) said the principle of the rule of law is not in dispute, as no individual, government or institution is above the law.

“However, the Federal Constitution is the supreme law of the country, and all parties are likewise bound by its provisions. In respect of offences committed in the Federal Territories, Article 42 provides for the Yang di-Pertuan Agong’s power of pardon and establishes the constitutional framework of the Pardons Board.

“It is therefore inappropriate to portray the exercise of a constitutional power of pardon as an act of being ‘above the law’,” she said in a statement today.

Azalina said judicial decisions and the pardoning process are distinct matters.

“The courts exercise judicial functions in determining guilt and sentence. Article 42, on the other hand, provides a constitutional mechanism relating to pardons, reprieves and remissions of sentences.

“The existence of the constitutional power of pardon does not mean that a court’s decision is disregarded, nor does it place any individual above the law,” she said.

She said every institution must act within the powers conferred upon it by the Constitution.

“The respective roles of the Pardons Board, the Attorney General and the relevant Minister must be understood in accordance with Article 42 and the prescribed constitutional process, rather than through political interpretation or perception,” she said.

The government has previously stated in Parliament that the existing procedures and affairs relating to the Pardons Board are carried out in accordance with the Federal Constitution and the laws in force, she said.

Azalina urged all parties to respect the decisions of the courts, respect the Federal Constitution and the processes provided for by the Constitution.

“Any question concerning the validity, legal effect or process of any action must be assessed based on the text of the Constitution, the facts and the actual process followed, and not merely on political statements.

“No one is above the law, and no one is above the Constitution,” she added.

His Majesty Sultan Ibrahim, King of Malaysia, has consented to grant former Prime Minister Datuk Seri Najib Tun Razak a conditional pardon, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to the payment of a RM50 million fine.

The Legal Affairs Division (BHEUU) of the Prime Minister’s Department said the order was decided at the 64th meeting of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, held at Istana Negara yesterday.

-- BERNAMA