DE FACTO Law Minister Datuk Seri Azalina Othman Said is right to describe that whether or not incarcerated former premier Datuk Seri Najib Razak receives a royal pardon is now in the hands of the “court of compassion” as the latter has exhausted all legal avenues to seek acquittal from his 12-year imprisonment (and RM210 mil fine).
“There is no other legal procedure left, only the court of compassion, meaning it’s at the discretion of the Yang di-Pertuan Agong (YDPA) and we (referring to UMNO) cannot force it,” she justified.
On April 7, UMNO’s secretary-general Datuk Asyraf Wajdi Dusuki said the party was appealing to the King to consider granting Najib a royal pardon. This followed the party’s supreme council’s decision earlier in April to ask the YDPA to consider granting the former Pekan MP a royal pardon as per Article 42(1) of the Federal Constitution.
As concerns erupted over an early release of Najib who has only served eight months of his dozen-year jail sentence – with the spotlight shining on Prime Minister Datuk Seri Anwar Ibrahim for seemingly kowtowing to UMNO’s pressure – it is worthwhile highlighting that the Agong himself is a no pushover in the matter.
Although on paper Najib who has been convicted for absconding RM42 mil of funds belonging to SRC International Sdn Bhd, a former subsidiary of 1MDB (1Malaysia Development Bhd) seems to have an upper hand, his hope of spending the forthcoming Eid Mubarak’ at the comfort of his home’ may not be easily realised.
This is given that just seven months ago, YDPA Sultan Abdullah Sultan Ahmad Shah had personally stated that the power to punish and pardon should not be used arbitrarily because it will be held accountable in the “afterlife”.
“If the law is not implemented consistently and fairly, justice will certainly not be achieved as the philosophy behind the enactment of a law would have been tainted – and as a result, the disadvantaged party would end up being victimised by those in power,” Bernama quoted him as saying when he opened the Pahang Syariah Court Complex in Kuantan on Sept 5 last year.
Elaborating further, Sultan Abdullah rationalised that Islamic justice does not give any privilege or exception to anyone who commits wrongdoing – be it oneself, close friends, family members or parents.
Citing a Prophet Muhammad SAW’s hadith, the King said it would have been gross injustice to allow criminals among high-ranking leaders to roam freely while those who are weak are being instantly punished.
“The Prophet has made it clear that with the authority bestowed upon him by Allah, even if Fatimah Binti Muhammad is found guilty of stealing, he shall have no qualm to cut off her hand,” Sultan Abdullah pointed out in his speech.
“The bottom line is the law only speaks one language, one principle, one punishment and one application to everyone … the practice of justice without any element of favouritism has successfully elevated the dignity of Islam during the era of Prophet Muhammad SAW.”
As per the wisdom reflected in Sultan Abdullah’s speech – even if he had nor referenced anyone in particular in his speech – it would seem that the high hopes of Bossku’s (moniker for Najib) diehard supporters may not come true that easily. – April 15, 2023
Main pic credit: KiniTV
