Article 42: Power of pardon lies only with head of state

PETALING JAYA: The Pardons Board needs to consider the written opinion of the Attorney General before presenting its advice on any matter, but the power to grant pardons lies with the Head of State.

According to Article 42 of the Federal Constitution, the Pardons Board will meet in the presence of the Ruler or Yang di-Pertua Negeri, who would chair the meeting.

The Yang di-Pertuan Agong chairs the meeting of the Federal Territories Pardons Board, covering Kuala Lumpur, Labuan and Putrajaya.

Minister in the Prime Minister’s Department Dr Zaliha Mustafa confirmed that the board had met at Istana Negara on Jan 30.

It was the last official meeting for Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah before His Majesty’s reign as King ended.

“The Yang di-Pertuan Agong has the power to grant pardons, reprieves and respites in respect of all offences that have been tried by court martial and all offences committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.

“The Ruler or Yang di-Pertua Negeri of a state has the power to grant pardons, reprieves and respites in respect of all other offences committed in their states.

“Where an offence was committed wholly or partly outside the Federation or in more than one state or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the state in which it was tried,” the Article says.

The Pardons Board in each state is represented by the Attorney General, the state chief minister, and a maximum of three other members who are appointed by the Ruler or Yang di-Pertua Negeri.

The Attorney General can delegate his functions as a member of the Board to any other person, while the Ruler or Yang di-Pertua Negeri can also appoint any person to temporarily exercise the functions of any member of the Board appointed by him who is absent or unable to act.

However, Article 42 (7) says that a member of the State Assembly or House of Representatives cannot be appointed to be a member of a Pardons Board or to temporarily exercise the functions of such a member.

An official statement by the Pardons Board is expected soon, with speculation that it will include former prime minister Datuk Seri Najib Razak’s appeal.

Najib is currently serving a 12-year sentence after being found guilty of abuse of power, criminal breach of trust, and money laundering in relation to RM42mil that had been syphoned from SRC International, a former 1MDB subsidiary.