PETALING JAYA: The constitutional power to grant pardons should not be seen as placing an individual above the law, says Datuk Seri Azalina Othman Said.
The Minister in the Prime Minister’s Department (Law and Institutional Reform) said the power to grant pardons is expressly provided for under Article 42 of the Federal Constitution and was not exercised beyond the law.
“The principle of the rule of law is not in dispute.
“No individual, government or institution is above the law.
“However, the Constitution is the supreme law of the country, and its provisions bind all parties,” she said in a statement yesterday.
Azalina was responding to a statement by the Pakatan Harapan presidential council on Friday following the conditional pardon granted to former prime minister Datuk Seri Najib Razak.
Pakatan said it stood firmly with the Prime Minister’s stance on Najib’s pardon while maintaining its commitment to fighting corruption.
The council also said it stood by the advice provided by the Attorney General and the Federal Territories Minister to the Pardons Board and emphasised that no one is above the law.
Azalina, who is also Umno information chief, noted that judicial decisions and the pardoning process were distinct matters.
She said courts determine guilt and sentences, while Article 42 provides 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 added.
She said the respective roles of the Pardons Board, the Attorney General and the relevant minister must be understood in accordance with Article 42 rather than through political interpretation or perception.
Azalina said questions concerning the validity, legal effect and 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 stressed.
In a separate statement, Human Resources Minister Datuk Seri R. Ramanan said the power to grant a pardon, reprieve or respite of a sentence falls within the power and discretion of the King, as provided for under the Federal Constitution.
Ramanan said Prime Minister Datuk Seri Anwar Ibrahim’s position on the matter was also clear and in line with the constitutional framework.
“The Federal Constitution has clearly stipulated the Yang di-Pertuan Agong’s jurisdiction in matters of pardons. As such, decisions made through the process must be accepted and respected by all parties,” he added.
Ramanan urged all parties not to politicise the issue, as it could cause confusion.
