PETALING JAYA: Datuk Seri Najib Razak will remain as Pekan MP until his petition seeking a royal pardon is finalised, says Tan Sri Azhar Azizan Harun.
The Dewan Rakyat Speaker said he had received the submission of several documents on the matter.
“I have received a copy of the pardon application under Article 42 of the Federal Constitution for Datuk Seri Najib Razak who is the Pekan MP, dated Sept 1; a copy of a letter from Messrs Shafee & Co dated Sept 1 which attached the pardon application accepted by the Prime Minister’s Department, Legal Affairs Division’s director-general on Sept 2; and a copy of each sealed Criminal Order for the appeal case in the Federal Court dated Aug 23,” he said in a statement yesterday.
“In this case, a conviction order and the sentence of the High Court which was upheld by the Court of Appeal and the Federal Court against Datuk Seri Najib Razak is confirmed.”
Azhar added that according to Article 48(1)(e) of the Federal Constitution, any MP convicted of an offence by a Federal Court and sentenced to imprisonment for not less than one year or fined not less than RM2,000 would be disqualified as an MP.
Najib was sentenced to 12 years’ imprisonment and fined RM210mil in the SRC International Sdn Bhd case.
“The validity of Article 48(1)(e) of the Constitution is subject to the provisions of Article 48(4) PP and Article 53(2) PP.
“In this regard, Article 48(4)(c) provides that if a pardon petition is filed by the MP concerned within 14 days from the date the appeal is decided, the disqualification of the MP will only take effect once the pardon petition is settled (if the petition is rejected).
“Therefore, considering that the pardon petition was filed under Article 42 on Sept 2, which is within 14 days from the date of the Federal Court’s decision, his disqualification (as MP) will only commence once the pardon petition is settled (in case the petition is rejected).
“This means that his status as Pekan MP has not changed at this time, and will only be finalised when the appeal petition is settled,” he said.
However, Najib will not be able to stand for election in the general election if it is called while his pardon is still being processed. He can only contest after a pardon is granted.
Meanwhile, in an Instagram story, Najib’s daughter Nooryana Najwa explained her dad’s health condition following his sudden admission to Hospital Kuala Lumpur on Sunday.
Najib, she said, had been battling gastric and stomach issues for years, and was prone to stomach ulcers, especially during times of stress.
“The last time his ulcers bled (last year), he was unaware of his condition until he felt faint due to internal bleeding and was admitted quietly to hospital for a week.
“Back in 2010, he was similarly admitted to hospital to treat bleeding stomach ulcers and spent three days there,” she said.
She added that her father was not one to complain when he was ill and the prior episodes required “serious medical intervention” as they had been caught late.
Nooryana also said she hoped her father would get consistent check-ups and treatment if needed.