Amid Waytha S Suit Validity Of Anwar S Pardon Must Be Decided On Dr M


 


Former premier Dr Mahathir Mohamad is again casting doubt over the validity of the royal pardon to Anwar Ibrahim, despite signing off on it as premier.
Commenting on the legal challenge by former unity minister P Waythamoorthy over the pardon, Mahathir said this is a matter that needs to be decided on.
“I have read about Anwar’s pardon, (which seems like) there is some doubts. 
“I suppose that will have to be decided. If it is found that he was not eligible, then of course he would have to step down and not be the prime minister,” he told reporters when met at the Shah Alam courthouse today.
He was in court for the case management of his RM150 million suit against Anwar, in which judicial commissioner Donald Joseph Franklin has fixed Oct 21, 23 and 29 to hear the case.
Waythamoorthy, on Aug 12, filed a legal suit at Kuala Lumpur High Court, seeking the court’s declaration that Anwar’s disqualification as an MP “was never revoked” as part of his royal pardon. 
He claimed Anwar’s pardon did not contain any express removal of his disqualification under Article 48(1)(e), read together with Article 48(3)  of the Federal Constitution, and that Anwar had misrepresented and mislead the former Yang di-Pertuan Agong, Pahang ruler Sultan Abdullah Sultan Ahmad Shah’s, in appointing him as prime minister.
Article 48(1)(e) states that individuals sentenced to more than 1 year in jail or more than RM1,000 fine is disqualified from serving as an MP, while Article 48(3) states that the ban shall remain for five years after release from prison unless it the ban is lifted by the Yang di-Pertuan Agong.
Undermining Constitution
Asserting that the matter has undermined the role of the Federal Constitution and the king’s powers, Waythamoorthy also sought court’s declaration that Anwar’s victory in the Tambun parliamentary seat during the 15th general election on Nov 19, 2022, and his subsequent appointment as prime minister on Nov 24 are null and void. 
The full pardon was granted by then king Sultan Muhammad V in May 2018, with Mahathir signing the instrument.
Five months later - when Waythamoorthy was in cabinet - Anwar contested and won a by-election in Port Dickson.
Former unity minister P WaythamoorthyADSMahathir had in June this year cast doubt whether the pardon had followed procedure when he claimed that he was only presented with a letter signed by the Agong to authorise Anwar’s release in 2018, and that there was no Pardons Board meeting on the matter.
However, the Attorney-General’s Chambers (AGC) then pointed out that the centenarian had attended a Pardons Board meeting in May 2018, chaired by Sultan Muhammad, prior to Anwar being pardoned.
Mahathir then said that the AGC’s clarification had vindicated him and that he had followed procedure in releasing Anwar from prison.
Should not make errors
Commenting on Umno Youth chief Dr Akmal Saleh’s reaction to recent flag blunder in Penang, Mahathir said every Malaysian should know how to properly hang the Jalur Gemilang by now. 
“Well, people feel hurt. I mean, we have been independent for more than 60 years, by which time, people should know the flag. 
“You should not make any mistakes about that. I think many people feel hurt (and) that the flag should (not) be flown upside down,” he said. 
Umno Youth chief Dr Akmal Saleh at a flag rally in Kepala Batas, Penang last weekAkmal and some 100 protesters, including Bersatu Youth members, had gathered in front of a hardware store in Kepala Batas, Penang on Aug 14, protesting against a businessperson who went viral for holding an upside down Jalur Gemilang. 
The following day, Akmal claimed he was summoned by the police to provide his statement for the authorities ongoing probe. However, in his Facebook post, he did not mention the details of the investigation involving him.  - Mkini


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