PUTRAJAYA: The Court of Appeal has reserved its judgment in an appeal by the Malaysian Bar relating to its bid to commence judicial review against the Federal Territories Pardons Board's decision that reduced Datuk Seri Najib Razak's sentence in the SRC International Sdn Bhd case.
A three-judge panel, chaired by Justice Lim Chong Fong, fixed Aug 7 for case management to set a date to deliver the decision after hearing submissions from parties here on Friday (July 31).
Two other judges on the panel were Justices Azhahari Kamal Ramli and Leonard David Shim.
The Malaysian Bar is appealing against the High Court's decision in Nov 11, last year, where it ruled that the leave application for judicial review was non-justiciable and frivolous as the decisions of the Yang di-Pertuan Agong and the Pardons Board were part and parcel of one process that culminated with the granting of a pardon by the King.
In the proceedings, Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi, who appeared for the Attorney General, submitted that the then High Court judge was right when he held the application was non-justiciable and frivolous.
He said the reliefs sought by the appellant were, in effect, an attempt to challenge the prerogative of mercy by the Yang di-Pertuan Agong pursuant to Article 42 of the Federal Constitution.
"Therefore, AG submits that if the decision to grant pardon is not susceptible to judicial review, it follows that the process leading to it is also not susceptible to judicial review," SFC Ahmad Hanir added.
Meanwhile, lawyer Datuk Yeo Yang Poh, who appeared for the Bar, said that the matter brought upon by the appellant was not frivolous and should be ventilated in a proper trial.
"The judicial review application is not to review the power of the Yang di-Pertuan Agong but to challenge the decision of the Pardons Board. It is important for leave to be granted at this stage.
"We pray that the appeal be allowed and the case be remitted to the High Court for a substantive hearing," he said.
On April 26, last year, the Bar filed the leave application and named the Pardons Board of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, as well as Najib, as respondents.
It is seeking, among others, a declaration that the Pardons Board’s decision on Jan 29, 2024, to halve Najib’s prison sentence, which would result in an early release on Aug 23, 2028, is illegal, unconstitutional and invalid.
The Malaysian Bar is also seeking a declaration that the Pardons Board’s decision to reduce Najib’s fine from RM210mil to RM50mil is illegal, unconstitutional and invalid.
On Nov 11, 2025, then High Court judge Justice Ahmad Kamal Md Shahid (now a Court of Appeal judge) dismissed the leave application.
