There
is much misinformation out there relating to a royal pardon and the
Malaysian Bar recognises that this is of public interest under the
current climate.
The power to grant pardons by the Yang di-Pertuan
Agong is encapsulated in Article 42(1) of the Federal Constitution,
which stipulates that āThe Yang di-Pertuan Agong has the power to grant
pardons, reprieves, and respites in respect of all offences which have
been tried by court-martial and all offences committed in the Federal
Territories of Kuala Lumpur, Labuan, and Putrajaya; and the ruler or
Yang di-Pertua Negeri of a state has the power to grant pardons,
reprieves, and respites in respect of all other offences committed in
his stateā.
All individuals found guilty and sentenced, are
entitled to seek a royal pardon, but this is sought after all legal
remedies have been exhausted.
The composition of the Pardons Board consists of the attorney-general
(or his/her representative), the chief minister or menteri besar of the
state, and not more than three other members appointed by the ruler or
Yang di-Pertua Negeri (Article 42(5) of the Federal Constitution).
Further,
Article 42(9) stipulates that before tendering its advice on any
matter, a Pardons Board shall consider āany written opinion which the
attorney-general may have deliveredā on the case.
However, the
Pardons Board may only offer advice, and such advice is not binding on
the Yang di-Pertuan Agong / ruler / Yang di-Pertua Negeri - this was
settled in the High Court decision in Karpal Singh v Sultan of Selangor
[1988].
Simply put, the function of the Pardons Board is merely
advisory in nature and the decision to pardon or otherwise by the Yang
di-Pertuan Agong/ruler/Yang di-Pertua Negeri is not subject to judicial
review, as demonstrated in the case of Juraimi bin Husin v Board of
Pardons, State of Pahang & Ors [2002].
IndigoCamel7131 : Altantuya begged for mercy pleading for her life n yet they were instructed to C4 her. No mercy for NR n his corrupt family.
Man on the Silver Mountain : Najibās crime is a betrayal of the highest office that he held. It is a betrayal to the country, the King, and the people. Whatever sentiment that we have, it cannot hide that fact. He and his family should be grateful that he was given through the process of the court.