Agong S Power To Pardon Absolute Pardons Board Only Formality Lawyer

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The Yang di-Pertuan Agong’s power to pardon a prisoner is absolute and not bound by the Pardons Board, said veteran lawyer Mohamed Haniff Khatri Abdullah.
According to him, this is provided by the Federal Constitution, which gives the king the sole prerogative to grant pardon to any prisoner convicted for cases in the federal territories.
Thus, Haniff (above, second from right) told a forum today, that any pardon decision by the Agong is valid and must be executed by the government even when it does not go through the board.
“What must be understood is that the Agong holds absolute power when it comes to (reducing) sentences.
“In my opinion, while the Pardons Board is established under Article 42(5) of the Federal Constitution, regardless of whether it holds a meeting or not, whether it makes any advice (to the king) or not, and whether its advice is followed (by the king), it does not impair any pardon decision made by the Agong.
“Whether we like it or not, the solution is not for us to complain nor to hide (any pardon given by the Agong),” he said during a town hall session held in Kuala Lumpur this evening.
Royal addendum
Featuring a line of experienced lawyers as its panellists including former premier Najib Abdul Razak’s defence counsel Muhammad Shafee Abdullah, the forum titled “Royal Pardon: Scopes and Challenges” heavily focused on the issue of an alleged royal addendum by previous king Sultan Abdullah Sultan Ahmad Shah.
The purported addendum allegedly contains Sultan Abdullah’s order for Najib to serve his remaining jail sentence as house arrest, but its existence has not been confirmed by the government and led to Najib mounting a legal battle to seek a judicial review on the matter.
Adding further, Haniff said the Pardons Board is only a formality and does not supersede the Agong’s power.
According to him, there is also no issue about whether existing laws provide for a house arrest.
“It does not make any difference because the power of royal pardon is not subjected to any law.
“Whether a law has already existed or not, it doesn’t make any difference to the Agong’s power to pardon.
“Even if the Agong says ‘Najib is to serve the remainder of his sentence in my palace’, we have to accept the order,” Haniff said.
Muhammad Shafee AbdullahShafee during the forum claimed that there was a conspiracy by Najib’s political adversaries to hide the alleged addendum’s existence.
“I can only guess why the addendum order was not announced, and whatever it is, the most glaring is that there is a conspiracy to make sure Najib is pressed down.
“Because the minute he can be in his house, there are people who are fearful that he can become influential again,” he said. - Mkini

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