KUALA LUMPUR, Dec 23 — Lawyer Tan Sri Muhammad Shafee Abdullah’s claims about the High Court’s decision yesterday on Datuk Seri Najib Razak’s failed house arrest bid are simply “untrue”, the Attorney General’s Chambers (AGC) said today.
The AGC today dismissed Shafee’s claims that the High Court decision had diluted the powers of the Yang di-Pertuan Agong (YdPA), Malay rulers and governors to grant pardon to convicted persons.
“This statement is not true at all and does not reflect the actual grounds given by the High Court,” the AGC said in a statement today.
Yesterday, the High Court rejected Najib’s bid to enforce the former Agong’s order for his house arrest, which was an add-on order made outside of the Federal Territories Pardons Board’s meeting on January 29, 2024.
The AGC said the High Court had stressed that the Agong has the prerogative powers to grant pardon and that this is enshrined in the Federal Constitution’s Article 42(1).
But the AGC noted that Article 42 also states that the Agong, Malay rulers and governors would sit with the Pardons Board when deciding on pardon requests.
With the Pardons Board’s meeting minutes showing that the issue of Najib’s house arrest was never discussed or decided by the 16th Yang di-Pertuan Agong during the meeting, the High Court decided the then ruler’s add-on house arrest order was not done according to Article 42.
“This clearly shows that this court’s decision did not reduce the powers of the YdPA, Malay rulers or governors in granting pardons to an offender,” the AGC said, noting that the High Court judge had actually recognised the rulers and governors’ powers for pardon.
“This power of pardon cannot be carried out by anyone else. However, in line with the concept of Constitutional Monarchy, those powers of pardon have to be carried out according to the Constitution’s requirements as stated under Article 42,” the AGC said.
“In this matter, the High Court’s decision has explained in detail about the implementation of the powers of the YdPA, Malay rulers and governors in deciding on a pardon, while also strengthening and validating the royal institution’s powers, especially in matters of pardon applications,” the AGC said.
The AGC concluded by stressing that there should not be any attempts to incite and threaten public peace through misinterpretation of the High Court’s decision yesterday.
It also said Najib’s decision to appeal the High Court ruling has to be respected.
The AGC also said it continues to be committed to defending the royal institution and to uphold the Federal Constitution in all of its actions in this matter.
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