Yang di-Pertuan Agong Tuanku Abdul Halim Mu
KUALA LUMPUR: The decision of the Yang di-Pertuan Agong over the granting of pardons to offenders cannot be challenged in court, a High Court heard.
Senior Federal Counsel Suzana Atan argued that the Yang di-Pertuan Agong has power to grant pardons in respect of all offences under Article 42 of the Federal Constitution.
"It is the Yang di-Pertuan Agong who decides whether to grant him pardon or not," she said.
She added that the decision of Yang di-Pertuan Agong made under Article 42 of the Federal Constitution is not justiciable and cannot be reviewed by this court.
SFC Suzana was submitting in raising a preliminary objection against the application for leave by former Opposition leaders Datuk Seri Anwar Ibrahim.
Anwar filed his application at a High Court for leave to initiate a judicial review proceedings to compel the Pardons Board to review its decision not to grant him a royal pardon over his sodomy conviction.
Speaking to reporters later after the parties submitted for two hours in chambers, SFC Suzana said the Pardons Board merely tendered advice over the matter.
Anwar's family lawyer N.Surendran argued that the question of law on whether the decision of the Pardons Board is reviewable should be referred to the Federal Court for determination.
Anwar's family co-counsel Latheefa Koya told reporters after the hearing that Anwar, who represented himself, argued that he had never made an application for pardon under Regulation 113 of the Prisons Regulations 2000 as stated in a letter.
"Anwar submitted that it was his family's petition for his pardon. If you put a wrong application before the Pardons Board, can't he (Anwar) question about it," Latheefa said, adding that the PKR leader contended that the board should deliberate again on his pardon.
High Court judge Justice Nor Bee Ariffin set May 17 to decide over the preliminary objection against the application for leave.
Anwar, 68, is now serving his jail term in Sungai Buloh Prison for sodomy.
In June last year, Anwar, his wife Datuk Seri Dr Wan Azizah Wan Ismail and their two daughters filed the application for leave to quash the boards decision to deny the familys petition for his pardon.They are also seeking an order to compel the board to have a meeting to consider the petition and tender appropriate advice to the Yang di-Pertuan Agong.
Alternatively, they are asking for an order to compel the board to advise the King to pardon and release him.In their application for leave, they have named the Federal Territories Pardons Board, the Attorney-General and the Government as respondents.
On Feb 24 last year, Dr Wan Azizah and her daughters Nurul Izzah and Nurul Nuha submitted a petition to the King for a royal pardon on the five-year jail sentence imposed on Anwar after he was found guilty of having sodomised his former personal aide Mohd Saiful Bukhari Azlan in 2008.
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