Anwar can refer two questions to apex court

KUALA LUMPUR: The Court of Appeal has allowed Datuk Seri Anwar Ibrahim’s appeal to refer two questions of law relating to the Pardons Board’s decision-making process to the apex court for determination.

Court of Appeal judge Justice Rohana Yusuf, who chaired a three-man panel, said Anwar and his family met the requirement under Section 84 of the Courts of Judicature Act to refer those questions to the apex court.

“We find the High Court judge erred in exercising her discretion not to pose the questions (to the Federal Court to decide),” she said to a packed courtroom yesterday.

Anwar’s lead counsel N. Surendran had argued that the King’s decision on a royal pardon could not be reviewed but the decision-making of the Pardons Board can.

Justice Rohana also set aside the order of the High Court which refused Anwar’s application for leave to initiate judicial review proceedings, to compel the Pardons Board to review its decision not to grant him a royal pardon over his sodomy conviction.

Legal matter: Anwar arriving for his appeal at the Palace of Justice in Putrajaya.

She said the proceedings in the High Court would be stayed pending disposal of the referral on those questions of law by the apex court.

She set Feb 2 for mention at the High Court.

However, the panel did not make any order as to costs. Also on the panel were Court of Appeal judges Justices Zakaria Sam and Mary Lim Thiam Suan.

The High Court had on July 15 last year denied Anwar 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.

High Court judge Justice Nor Bee Ariffin allowed the preliminary objection by the Attorney-General’s Chambers against the application for leave and granted RM5,000 in costs.

Justice Nor Bee also dismissed their bid to refer questions of law to the Federal Court for deliberation on the decision-making process of the Pardons Board.

Senior Federal Counsel Suzana Atan had argued that the King has the sole power to decide over royal pardons and that decision cannot be challenged in court, adding that Anwar’s application was frivolous.

Anwar, 69, is now serving his jail term at the Sungai Buloh Prison.