Want prisoners including Najib to finish sentence under house arrest? Apply to Pardons Board, says AGC

It says it was decreed by the King to notify that applications cannot go through any other channels except the board which is chaired by his majesty

4:37 PM MYT

 

KUALA LUMPUR – Any quarters that want prisoners, including former prime minister Datuk Seri Najib Razak, to finish the remainder of their imprisonment under house arrest would have to file their applications to the Federal Territories Pardons Board chaired by Yang di-Pertuan Agong, said the Attorney-General’s Chambers (AGC).  

In a statement, the AGC said that Article 42 (1) of the Federal Constitution gave the King powers to issue pardons as well as postpone, and reduce sentences for offences committed in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya.  

Additionally, Article 42(2) of the constitution allows the King to remit, suspend and reduce any sentences meted out by the courts.  

“In this matter, (any) decision made by the King following the advice of the Pardons Board – in accordance with Article 42 of the constitution – is subject to applicable legal provisions to prevent such actions from being challenged at the courts due to lack of legal basis,” said the chamber in the statement.   

AGC also said that it has been decreed by the King to notify that all pardon applications for the offences committed in the Federal Territories have to be made to the Pardons Board – based on the protocol and channels stipulated under the law, and not through any other channels.   

“Therefore if anyone would like to suggest that any prisoner, including Najib, to finish the remainder of their sentences under house arrest, they would have to file applications to be considered by the Pardons Board chaired by the King, based on channels and protocol stipulated under the existing laws and regulations,” the AGC added.  

The statement on the house arrest application came less than three weeks after Prime Minister Datuk Seri Anwar Ibrahim, on December 10, said in the Dewan Rakyat that he had raised the issue of the alleged royal addendum – purportedly signed by the former Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah which ordered Najib to be transferred from prison to house arrest – with the current Yang di-Pertuan Agong Sultan Ibrahim.   

The prime minister said that he reached out to the King given that the issue being continuously raised.  

“I have presented (the matter) for the due consideration of the current Yang di-Pertuan Agong to be raised at a (Federal Territories) Pardons Board’s meeting that will be chaired by his majesty at the time deemed suitable.    

“The matter was also briefly discussed with his majesty at Johor Bahru yesterday as his majesty wanted to know the latest developments (of the issue). We leave it to his majesty to raise (this matter) in a Pardons Board meeting and to make the due consideration,” said Anwar in the lower house.   

Anwar also said that the issue was raised to Sultan Ibrahim as he believes everyone has the right to be subjected to the King’s due consideration on how the court punishments were meted out, based on the King’s “fountain of mercy”.    

The addendum issue gained steam recently after Najib’s son, Datuk Nizar Najib reportedly submitted the alleged royal addendum that was signed by the former king to the court as part of an affidavit.  

Najib is currently serving a 12-year prison sentence for corruption related to SRC International, although the Pardons Board has halved the sentence to six years earlier this year.  

The Court of Appeal will hear Najib’s appeal regarding his house arrest bid on January 6. – December 28, 2024.  

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