KUALA LUMPUR (June 2): PKR president Datuk Seri Anwar Ibrahim has applied to strike out a suit challenging the royal pardon granted to him, on the grounds that it is non-justiciable.
The suit was filed in February by lawyer and Parti Bumiputera Perkasa Malaysia vice-president Mohd Khairul Azam Abdul Aziz.
Anwar is arguing that since the pardon decision was made by the Yang di-Pertuan Agong, the matter cannot be ventilated in the High Court as the court has no jurisdiction to grant the relief that Khairul Azam is seeking.
Anwar also asserted that the suit is hypothetical in nature and should be considered academic as he has already been released from prison.
In his affidavit dated May 12 in support of his application, Anwar also questioned Khairul Azam's locus standi in initiating the action, and described the action as an abuse of the court process.
The matter came up for case management today, and Justice Datuk Nik Hasmat Nik Mohamad fixed Aug 14 to hear the striking out application.
Anwar's lawyer J Leela confirmed the date with reporters.
Senior federal counsel Natrah Idris appeared on behalf of the Attorney-General's Chambers (AGC) for the Pardon's Board, while Messrs Raja Reza Associates represented Khairul Azam, in the e-review case management.
Natrah indicated that the AGC is also seeking to strike out the suit.
Khairul Azam, in his suit, named Anwar and the Federal Territories Pardons Board as defendants.
Claiming that the formation of the board on May 16, 2018 was wrong and illegal, the lawyer is questioning the advice given by the board to Yang di-Pertuan Agong in recommending the pardon.
He wants the court to declare that the advice given by the board is null and void.
This is the second challenge on Anwar's pardon since his release from prison just after the 2018 general election. He was serving a five-year term after his conviction in his second sodomy trial.
Before the Port Dickson by-election in October 2018, a voter in the constituency filed a legal challenge over the pardon but the matter was dismissed by the court. Anwar went on to win the by-election.
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