PETALING JAYA: It is important for the government to confirm whether the royal addendum order in Datuk Seri Najib Razak’s case was deliberated at the Pardon’s Board meeting, says senior lawyer Datuk Baljit Singh Sidhu.
“The existence of the royal addendum in Najib's royal pardon raises significant questions that warrant clarification.
"It is essential for the government to confirm whether this matter was deliberated by the Pardons Board with the participation of all six designated members, including the Federal Territories Minister and the Attorney General at the material time,” he said in a statement on Tuesday (Jan 7).
Pursuant to Article 42(9) of the Federal Constitution, the Pardons Board is required to consider any written opinion provided by the Attorney General at the relevant time.
"To uphold the integrity of the process, the Board should disclose the minutes of the meetings that led to the decision regarding the royal addendum," Baljit said.
If the addendum was not discussed at the Pardons Board meeting, it would present a legal issue, making the meeting minutes vital, he said.
"Such transparency is crucial to maintaining public confidence in the fairness and impartiality of the process,” he added.
Baljit said the Federal Constitution has clearly outlined the role of the Pardons Board and its advisory function to the Yang di-Pertuan Agong.
On Umno’s request for a full pardon to be granted to Najib, Baljit said the matter was more of a political statement rather than a legal position.
“It is unfortunate that the current King has inherited this issue, as the role and mechanism of the Pardons Board are fundamentally straightforward, yet have been complicated by the circumstances surrounding this matter.
"At present, as I see it, there is nothing pending for the current King to deliberate on,” he said.
Given the ongoing court proceedings against Najib, deliberating on a pardon at this stage would place the Pardons Board in a challenging and potentially untenable position.
Observing due process is essential to ensure fairness and uphold the rule of law, he added.
Umno president Datuk Seri Dr Ahmad Zahid Hamidi had sought the grace of His Majesty Sultan Ibrahim, King of Malaysia for a full pardon for Najib after the former prime minister’s successful bid at the Court of Appeal.
In an immediate reaction after the court's decision on Monday (Jan 6), the deputy prime minister also expressed gratitude to the Pahang Sultan and former Yang di-Pertuan Agong Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah for the confirmation on the existence of the royal addendum.
Several Opposition lawmakers have also questioned whether there were deliberate attempts by individuals within the government to hide the existence of the royal addendum.
On Monday(Jan 6), Najib succeeded in obtaining leave from the Court of Appeal in a split 2-1 decision in his appeal relating to his claims of a royal addendum order that would allow him to serve the remainder of his sentence under house arrest.
In the majority decision, the appellate court overturned the High Court's dismissal of the former prime minister’s application for leave to initiate judicial review over the prison time imposed on him in the SRC International Sdn Bhd trial.
