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Review constitution to guarantee rulers’ power on pardons, says PN
Opposition leader Hamzah Zainudin says PN's position is that pardons are the absolute prerogative of the king and Malay rulers
Opposition leader Hamzah Zainudin said PN has appointed lawyers to hold a watching brief of Najib Razak’s appeal against the dismissal of his application to serve his six-year jail term under house arrest.
PETALING JAYA: Perikatan Nasional has urged the government to review the Federal Constitution to guarantee the authority of the Malay rulers in issuing royal pardons to prisoners.
Opposition leader Hamzah Zainudin said PN’s position was that pardons were the absolute prerogative of the king and rulers, and that the monarchs should not serve as mere rubber stamps to pardons boards.
He also pinned the blame on the government for the “legal confusion” concerning pardons, saying this would not have arisen if Putrajaya had simply complied with the house arrest addendum order for former prime minister Najib Razak.
“PN urges the government to review articles in the Federal Constitution concerning the prerogative to issue pardons to guarantee the absolute authority of the king and Malay rulers, as well as to preserve the basic structure of the constitution,” he said in a statement.
Hamzah also said PN has appointed lawyers to hold a watching brief of Najib’s appeal against the dismissal of his application to serve his reduced six-year jail term for his SRC International Sdn Bhd case under house arrest.
The Bersatu deputy president said the coalition decided to do so out of concern over the “impact” of the High Court’s decision.
Yesterday, the Kuala Lumpur High Court said the king was a constitutional monarch, and that his powers and functions must be exercised in accordance with the provisions of the Federal Constitution.
Justice Alice Loke added that the exercise “of the prerogative power of mercy” is no exception.
Loke said the addendum order was not deliberated or decided at the 61st Federal Territories Pardons Board (FTPB) meeting, which meant non-compliance with Article 42 of the constitution and that the order was invalid.
She also ruled that the applicant’s argument – that the king was not obliged to make decisions during the board’s meeting – had no legal basis and was untenable.
Najib, 72, was convicted of misappropriating RM42 million in SRC International funds and has been serving his sentence at Kajang prison since Aug 23, 2022.
In 2024, the FTPB halved his prison term from 12 years to six and reduced his fine from RM210 million to RM50 million.
A judicial review was filed last year seeking to compel the government to execute the addendum, or supplementary decree, to place him under house arrest.
Opposition leader Hamzah Zainudin said PN’s position was that pardons were the absolute prerogative of the king and rulers, and that the monarchs should not serve as mere rubber stamps to pardons boards.
He also pinned the blame on the government for the “legal confusion” concerning pardons, saying this would not have arisen if Putrajaya had simply complied with the house arrest addendum order for former prime minister Najib Razak.
“PN urges the government to review articles in the Federal Constitution concerning the prerogative to issue pardons to guarantee the absolute authority of the king and Malay rulers, as well as to preserve the basic structure of the constitution,” he said in a statement.
Hamzah also said PN has appointed lawyers to hold a watching brief of Najib’s appeal against the dismissal of his application to serve his reduced six-year jail term for his SRC International Sdn Bhd case under house arrest.
The Bersatu deputy president said the coalition decided to do so out of concern over the “impact” of the High Court’s decision.
Yesterday, the Kuala Lumpur High Court said the king was a constitutional monarch, and that his powers and functions must be exercised in accordance with the provisions of the Federal Constitution.
Justice Alice Loke added that the exercise “of the prerogative power of mercy” is no exception.
Loke said the addendum order was not deliberated or decided at the 61st Federal Territories Pardons Board (FTPB) meeting, which meant non-compliance with Article 42 of the constitution and that the order was invalid.
She also ruled that the applicant’s argument – that the king was not obliged to make decisions during the board’s meeting – had no legal basis and was untenable.
Najib, 72, was convicted of misappropriating RM42 million in SRC International funds and has been serving his sentence at Kajang prison since Aug 23, 2022.
In 2024, the FTPB halved his prison term from 12 years to six and reduced his fine from RM210 million to RM50 million.
A judicial review was filed last year seeking to compel the government to execute the addendum, or supplementary decree, to place him under house arrest.
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