Sunday, April 09, 2023

Should Najib be pardoned or not?




Should Najib be pardoned or not?

By Prof Ramasamy Palanisamy





WHETHER former prime minister Datuk Seri Najib Razak should be pardoned or not seems to be the inner thoughts or the soliloquy of many Malaysians.


The famous soliloquy is none the question that confronted Hamlet: to be or not to be. The question before us is whether Najib should be pardoned or not by the Yang di-Pertuan Agong.

I understand that UMNO has submitted an appeal to the Agong for the pardon of Najib.


Najib was sentenced in August 2022 for 12 years in imprisonment for corruption and money laundering associated with the SRC International case.

His appeal for judicial review was dismissed although there was one dissenting vote from a judge from Sabah.



I further understand that this dissenting opinion has formed the basis for a memorandum by UMNO rank and file for the pardon of Najib.

The question is whether Najib should be pardoned or not and its effect on the unity government headed by Prime Minister (PM) Datuk Seri Anwar Ibrahim.

But whether Najib will be pardoned or not remains the sole prerogative of the Agong. Such a position has been reiterated by PM Anwar and PKR Pasir Gudang MP Hassan Karim.

Whether the Agong pardons Najib or not will be his sole prerogative. I doubt that an act of pardon will affect or compromise the unity government of Anwar.

Agong will be advised by the Pardons Board with Anwar being a member. Other than the possible advisory role of Anwar, the decision will be the sole and ultimate prerogative of the Agong.

I seriously doubt that the pardon of Najib will affect the unity government. The separation of powers between the royalty and the executive remains relevant on the matter.

Najib has exhausted all legal avenues to escape the entrapment of his imprisonment. However, pardoning Najib might be not as straightforward as there are few other corruption cases that are pending against him.

Whether these pending cases will have to be disposed of before pardon is considered remains to be seen.

It might appear that Najib might be in a long haul even before pardon can be contemplated. However, Najib as the former PM and UMNO leader has strong support within the ranks of his party, UMNO.

His father was the second prime minister of Malaysia Tun Abdul Razak Hussein. – April 9, 2023



Prof Ramasamy Palanisamy is the state assemblyman for Perai. He is also Deputy Chief Minister II of Penang.


4 comments:

  1. The Agong has discretion on the matter of Pardons, but is not an Absolute Ruler.

    The Pardons Board is not meant to be just a Teh Tarik session.
    It has a real advisory function and duty to provide their considered input to the Agong.

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  2. There is every possibility Najib will be found guilty in the three other cases that he has been charged with.
    Is he going to get potentially Four Royal Pardons just to ensure he is kept out of jail ?

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  3. It will be shitting on the cause for good governance and rule of law in Malaysia for Najib to be pardoned after spending barely EIGHT MONTHS in prison (and not even certain that Najib is in a real prison cell or in a bungalow in the prison compound) after his conviction.

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  4. If Najib is pardoned based on that one dissenting judge, then we might as well do away with a panel of judges to hear cases and appeals.

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