Act against Bar for
challenging king’s power
to pardon Najib, says Zaid
The former law minister says legal action brought by the Malaysian Bar challenging the pardon granted to Najib Razak is an ‘outright challenge’ to the Agong’s powers.
PETALING JAYA: Former law minister Zaid Ibrahim has challenged the government to show consistency in its actions, saying legal action brought by the Malaysian Bar to challenge the pardon granted to Najib Razak in his SRC International case was an “outright challenge to the Yang di-Pertuan Agong’s powers”.
“The courts have consistently held to the principle that the power to pardon is absolute, and not justiciable,” Zaid said in a post on Facebook.
He asked what action the government intends to take against the body of lawyers, following recent criminal charges for sedition brought against bloggers Chegubard and Papagomo over comments they made concerning the king.
“This government must consistently apply the principles they proclaim to hold dear,” he said. “Be consistent, not selectively angry.
“The government says the Rulers do not have the liberty to reply to criticisms (levelled at) them, and thus, has to come to their rescue with stern language and warnings, but does that apply to the Bar Council president?” he asked.
He said the Bar’s lawsuit did not come within the ambit of its purpose under Section 42 of the Legal Profession Act 1976.
Section 42(1)(a) of the Act empowers the Bar to “uphold the cause of justice without regard to its own interests or that of its members, uninfluenced by fear or favour”.
Earlier today, blogger Wan Azri Wan Deris, whose alter ego is believed to be Papagomo, claimed trial to a charge of sedition over a statement involving the Yang di-Pertuan Agong.
On Monday, Bersatu member Badrul Hisham Shaharin, also known as Chegubard, pleaded not guilty to publishing seditious statements against the king.
Both were charged under Section 4(1) of the Sedition Act 1948, which carries a maximum fine of RM5,000, imprisonment of up to three years, or both, upon conviction.
The Federal Territories Pardons Board is headed by the king and consists of five members – the attorney-general, the federal territories minister and a maximum of three others appointed by the king.
On Jan 29, the board, chaired by former king Al-Sultan Abdullah Sultan Ahmad Shah, reduced Najib’s prison sentence from 12 years to six and his fine from RM210 million to RM50 million.
Last Friday, the Bar, made up of some 22,000 lawyers practising in Peninsular Malaysia, commenced legal proceedings in a bid to challenge the grant of the pardon.
It wants the High Court to issue an order of certiorari against the board to quash its decision. The application names both the board and Najib as respondents.
The Bar is also seeking a permanent injunction restraining Najib or his agents from submitting any application for pardon, reprieve or respite to the board until all criminal charges against him have been exhausted.
It said the injunction should remain in force until Najib has publicly accepted responsibility and expressed remorse for his actions.
Najib, 70, is currently serving his sentence at Kajang prison and is to be released on Aug 23, 2028.
Raising a Constitutional query or challenge (whatever you choose to call it ) in a Court of Law is a very different matter from spreading incitement in social media.
ReplyDeleteZaid Ibrahim may have got his law degree decades ago , but he has totally lost the plot.