PETALING JAYA: The Attorney-General's Chambers (AGC) has stated that all applications for prisoners, including former Prime Minister Datuk Seri Najib Razak, to serve the remainder of their sentences under house arrest must be submitted to the Pardons Board, chaired by the Yang di-Pertuan Agong.
In a statement, the AGC clarified that under Article 42(1) of the Federal Constitution, the Yang di-Pertuan Agong has the authority to grant pardons, reprieves, and respites for offences committed in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya.
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The AGC also noted that Article 42(2) of the constitution allows the Yang di-Pertuan Agong to remit, suspend, or commute sentences for offences passed by the court.
"Following this, this Chamber has been instructed by the Yang di-Pertuan Agong to inform that all applications for pardons concerning offences committed within the Federal Territories must be submitted to the Pardons Board, chaired by the Yang di-Pertuan Agong, in accordance with the procedures and channels prescribed by law and not through other channels," the statement said on Saturday (Dec 28).
"Therefore, should any party wish to propose that any prisoner, including Najib, serve their sentence under house arrest, such an application must be submitted for consideration by the Pardons Board in accordance with the procedures and channels established under the applicable laws and regulations."
The AGC added that decisions made by the Yang di-Pertuan Agong, upon the advice of the Pardons Board under Article 42 of the constitution, are subject to existing legal provisions to ensure that such actions cannot be legally challenged as invalid.
On Dec 11, Prime Minister Datuk Seri Anwar Ibrahim mentioned that any matter concerning an addendum to the pardon order for Najib was briefly discussed during an audience with His Majesty Sultan Ibrahim, the King of Malaysia.
"So, we leave it to the authority of the King, firstly, to bring it to the meeting of the Pardons Board and to consider it thoroughly," he said in response to a supplementary question from Pekan MP Datuk Seri Sh Mohmed Puzi Sh Ali during the Prime Minister’s Question Time in Dewan Rakyat.
The Court of Appeal has fixed Jan 6, 2025, to hear Najib's appeal against the High Court's dismissal of his application for leave to initiate judicial review and a notice of motion to submit an additional statement on the royal addendum.
In the notice of application, Najib sought a mandamus order that all of the respondents or one of them to answer and verify the existence of the addendum order dated Jan 29, 2024.
Najib is seeking a mandamus order where if the addendum order exists, all or one of the respondents must execute the royal order and immediately move him from the Kajang Prison to his residence in Kuala Lumpur where he would serve his remaining sentence under house arrest.
