THE Malaysian Bar has failed to launch a legal bid to challenge the Federal Territories (FT) Pardons Board’s decision to halve former premier Datuk Seri Najib Razak’s prison sentence and reduce his fine in the SRC International corruption conviction.
The applicant had sought a court declaration that the board’s decision was unlawful, unconstitutional and void.
It also sought a permanent injunction to restrain Najib, his servants, and agents from submitting any application for pardon until he publicly accepted responsibility and expressed repentance for his actions.
Justice Ahmad Kamal Md Shahid made the ruling at the Kuala Lumpur High Court, adding that the prerogative of mercy pursuant to Article 42 of the Federal Court was the direct exercise of the Yang di-Pertuan Agong’s sole discretion.
He added that this is not within the exercise of the Federal Territories Board or power delegated to the FT Pardons Board.
“Given the above, this court is of the considered view that the prerogative of mercy pursuant to Article 42 of the Constitution is not susceptible to judicial review,” Justice Ahmad Kamal ruled.
“Hence, the reliefs sought to challenge the decision of the FT Pardons Board are, by its nature and subject matter, not justiciable to judicial review.”
In its argument, the Bar contended that it was not challenging the prerogative of the Yang di-Pertuan Agong but instead its legal challenge was focused on the advice provided by the FT Pardons Board.
“In essence, the applicant is splitting the decision of the Yang di-Pertuan Agong and the advice from the Pardons Board,” Justice Ahmad Kamal stated.
“I am of the considered view that the applicant’s attempt to differentiate between challenging the advice of the Pardons Board and the actual decision of the Yang di-Pertuan Agong is flawed, it is non- challengeable.”
On April 26, the Bar filed the application for leave and named the FT Pardons Board and Najib as the first and second respondents, respectively.
According to court documents, the Bar is seeking declaration that the decision by the first respondent on Jan 29 regarding the application made by the second respondent was unlawful, unconstitutional and void.
The decision was to reduce Najib’s imprisonment sentence by 50% whereby he would be granted an early release on Aug 23, 2028, as well as the decision to reduce his RM210 mil fine to RM50 mil in default of a year in jail.
The Bar is seeking for a certiorari order against the first respondent to quash the decisions.
Najib, 70, is currently in Kajang Prison serving his sentence since Aug 23, 2022 after his conviction in the SRC International case. – Nov 11, 2024
