The Attorney General’s Chambers (AGC) says the High Court’s decision on Najib Razak’s case affirms the King’s prerogative and corrects media misrepresentations.
KUALA LUMPUR: The Attorney General’s Chambers has clarified that a High Court ruling does not diminish the pardoning power of the Yang di-Pertuan Agong or other rulers.
In a statement, the AGC said Judge Alice Loke Yee Ching’s oral judgment affirmed the royal prerogative concerning pardons under the Federal Constitution.
“The power of pardon cannot be exercised by any other party,” the AGC stated.
It added that the ruling detailed the due process governing this power, thereby reinforcing the authority of the royal institution.
The AGC refuted recent media reports that the decision diminished the rulers’ powers, stressing these reports were false.
It emphasised the court reaffirmed the grant of a pardon is a prerogative power guaranteed under Article 42(1).
“However, Article 42 also provides that in exercising this prerogative power, the Yang di-Pertuan Agong, the Malay Rulers, and the Yang di-Pertua Negeri shall convene with the Pardons Board,” the statement read.
The AGC said minutes from the Pardons Board’s 61st Meeting show the house arrest decree was neither discussed nor decided upon by the 16th Yang di-Pertuan Agong.
That meeting solely discussed Najib’s application for a full pardon, resulting in a decree to halve his prison sentence and reduce his fine.
“Consequently, the High Court ruled that no additional decree for house arrest was issued under Article 42,” the AGC stated.
The court dismissed Najib’s application for a mandamus order to verify and enforce an addendum decree for house arrest.
It found the decree was not discussed at the Pardons Board meeting on 29 January 2024.
The ruling confirmed the former prime minister must serve the remainder of his sentence in Kajang Prison.
Najib was convicted of misappropriating RM42 million from SRC International.
He was originally sentenced to 12 years in prison and a RM210 million fine.
This was later commuted to six years’ imprisonment and a RM50 million fine following a royal pardon.
“The Chambers therefore stress that it is entirely unacceptable to disrupt public order or incite unrest by misrepresenting the court’s ruling,” the AGC said.
It called on all parties to respect the ongoing appeal process commenced by Najib.
