PETALING JAYA: The constitutional power to grant pardons should not be portrayed as placing an individual above the law, says Datuk Seri Azalina Othman Said.
The Umno information chief said the power of pardon was expressly provided for under Article 42 of the Federal Constitution and was therefore not a power exercised outside the law.
“The principle of the rule of law is not in dispute. No individual, government or institution is above the law.
“However, the Federal Constitution is the supreme law of the country, and all parties are likewise bound by its provisions,” she said in a statement on Saturday (Sept 19).
Azalina was responding to a statement by the Pakatan Harapan presidential council on Friday (Sept 18) following the conditional pardon granted to former prime minister Datuk Seri Najib Razak.
She said judicial decisions and the pardoning process were distinct matters, with the courts responsible for determining guilt and sentences while Article 42 provided a constitutional mechanism for pardons, reprieves and remissions of sentences.
“The existence of the constitutional power of pardon does not mean that a court’s decision is disregarded, nor does it place any individual above the law,” she said.
She added that every institution must act within the powers conferred on it by the Constitution.
“The respective roles of the Pardons Board, the Attorney General and the relevant Minister must be understood in accordance with Article 42 and the prescribed constitutional process, rather than through political interpretation or perception,” she said.
Azalina said questions concerning the validity, legal effect or process of any action should be assessed based on the Constitution, the facts and the actual process followed rather than merely on political statements.
“Respect the decisions of the courts. Respect the Constitution. Respect the processes provided for by the Constitution.
“No one is above the law. And no one is above the Constitution,” she said.
Najib was granted a conditional pardon on Friday allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to the payment of a RM50mil fine.
