Kuala lumpur: The power of pardon is explicitly provided for under Article 42 of the Federal Constitution and should not be misconstrued as an act of being 'above the law', stated UMNO Information Chief Datuk Seri Azalina Othman Said. As the Minister in the Prime Minister's Department (Law and Institutional Reform), Azalina emphasized that the principle of the rule of law remains undisputed, asserting that no individual, government, or institution stands above the law.
According to BERNAMA News Agency, Azalina elaborated that the Federal Constitution represents the supreme law of the nation, and all parties must adhere to its provisions. For offences committed in the Federal Territories, Article 42 delineates the Yang di-Pertuan Agong's power of pardon and outlines the constitutional framework of the Pardons Board. She argued that it is inappropriate to interpret the exercise of constitutional pardon as an act of being 'above the law.'
Azalina clarified that judicial decisions and the pardoning process are distinct, with the courts responsible for determining guilt and sentencing, while Article 42 offers a constitutional mechanism for pardons, reprieves, and sentence remissions. She noted that the existence of the constitutional power of pardon does not negate a court's decision nor does it place any individual above the law.
Furthermore, Azalina asserted that every institution must operate within the powers granted by the Constitution, stressing the importance of understanding the roles of the Pardons Board, Attorney General, and relevant Minister in accordance with Article 42 and the prescribed constitutional process, rather than political interpretation.
In previous parliamentary sessions, the government affirmed that the procedures and affairs of the Pardons Board align with the Federal Constitution and existing laws. Azalina urged all parties to respect court decisions, the Federal Constitution, and its provided processes, emphasizing that any questions concerning the validity or legal effect of actions must be evaluated based on the Constitution's text, facts, and actual processes, not political statements. She concluded by affirming that no one is above the law or the Constitution.
His Majesty Sultan Ibrahim, King of Malaysia, has consented to grant former Prime Minister Datuk Seri Najib Tun Razak a conditional pardon, allowing him to serve the remainder of his sentence under house arrest until August 23, 2028, contingent upon the payment of a RM50 million fine. The Legal Affairs Division (BHEUU) of the Prime Minister's Department disclosed that this decision was reached at the 64th meeting of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya, convened at Istana Negara yesterday.