Kuala lumpur: Following is an op-ed by Emeritus Prof Datuk Dr Shad Saleem Faruqi of Universiti Malaya regarding the Royal Pardon granted to Prime Minister Datuk Seri Anwar Ibrahim.

According to BERNAMA News Agency, there has been a constitutional debate triggered by opposition leaders questioning the legitimacy of Datuk Seri Anwar Ibrahim's position as Prime Minister due to Articles 48(1)(e) and 48(3) of the Federal Constitution. Article 48(1)(e) states that a person is disqualified from being a member of Parliament if convicted of an offense and not pardoned. The controversy hinges on whether Anwar Ibrahim's royal pardon from the Yang di-Pertuan Agong in May 2018 under Article 42 was sufficient to nullify his disqualification.

The opposition leaders assert that while Anwar Ibrahim was pardoned, the royal pardon did not address the disqualification clause under Article 48(3), which requires the removal of disqualification by the Yang di-Pertuan Agong. They contend that his appointment as Prime Minister in November 2022 was during the five-year disqualification period stated in Article 48(3), thereby questioning the legitimacy of his election.

The op-ed explains that a royal pardon, if full, removes all legal consequences of a criminal conviction, drawing on the British case of Regina v Foster (1985). This suggests no further action is needed to remove disqualification under Article 48(1)(e). It differentiates a full pardon from lesser forms of clemency, such as commutation or suspension of a sentence, which do not erase the conviction itself.

A historical precedent is cited from 1969 when a royal pardon restored a parliamentary seat to YB Lim Kit Siang after a disqualification. This supports the argument that a full pardon can remove disqualifications. Judicial opinions within the Commonwealth, although not unanimous, support the view that a royal pardon can erase both conviction and disqualification, as seen in the 2018 case involving Anwar Ibrahim.

In conclusion, the op-ed argues that the royal pardon granted to Anwar Ibrahim under Article 42(1) should have removed all disqualifications under Article 48(1), negating the necessity for an additional order to lift disqualification.