Tuesday 23 Apr 2024
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(June 10): The Yang di-Pertuan Agong has the prerogative to either accept or reject the Pardon's Board recommendations on pardon application, Putrajaya said today, in giving subtle hint on the rejection of Datuk Seri Anwar Ibrahim's application following his sodomy conviction.

Minister in the Prime Minister's Department Nancy Shukri said although Attorney-General Tan Sri Abdul Gani Patail attended the Federal Territories Pardons Board meeting in March, the final decision still lies with the King.

"The power to give a pardon is the prerogative of the Yang di-Pertuan Agong who is free to either accept or reject the Pardons Board advice for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, which included the A-G's views," she told R Sivarasa (PKR – Subang) in a written reply.

Sivarasa had asked if Abdul Gani attended and took part in the pardon's board meeting on March 16.

Nancy said the A-G did attend the meeting on that day, in line with Article 42, Clause 5 of the Federal Constitution, which states that the the composition of the state pardons board has to consist of the federal A-G, the state menteri besar and no more than three other members that are appointed by either the King or the Yang di-Pertua Negeri.

The de facto law minister added the presence of the A-G is part of his responsibilities as prescribed under Clause 9 of Article 42 of the Federal Constitution, which means giving his opinions to the board before the board extend its advice to the Agong on pardons.

The Pardons Board had rejected on March 16 the petition for a royal pardon sought by Anwar after his five-year jail sentence for sodomy was upheld by the Federal Court.

The petition was filed by Anwar's family on February 24.

As such, Anwar, who was then the Permatang Pauh MP was disqualified based on Article 48(4)(c) of the Federal Constitution. This later led to a by-election last month that saw his wife, PKR president Datuk Seri Dr Wan Azizah Wan Ismail winning the seat.

On February 10, the Federal Court had dismissed an appeal by Anwar and upheld the conviction and five-year jail sentence imposed by the Court of Appeal that had overturned his acquittal of sodomising his former aide Mohd Saiful Bukhari Azlan on June 26, 2008. – The Malaysian Insider

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