Azalina: Pardon power is part of the law, not above it

KUALA LUMPUR, Sept 19 — The ability to grant pardons is a constitutional provision, not an exception above the law, stated Umno chief Datuk Seri Azalina Othman Said. Article 42 of the Federal Constitution explicitly empowers the pardon, which is not an act outside legal bounds. Azalina clarified that the rule of law is not in question, and no individual, government, or institution is exempt from the law.

She emphasized that while the Federal Constitution is the highest legal document of the nation, all parties must abide by its provisions. The pardon is distinct from judicial decisions, with courts determining guilt and sentencing, while Article 42 offers a constitutional avenue for pardons, reprieves, and sentence reductions. Azalina stressed that the pardon power does not negate a court's decision or elevate any individual above the law.

She further explained that each institution must function within the powers granted by the Federal Constitution. The roles of the Pardons Board, Attorney General, and relevant Minister must be understood according to Article 42 and the constitutional process, rather than through political discourse or perception. Questions about the validity, legal impact, or procedure of any action should be evaluated based on the Constitution, facts, and the actual process followed, not just political assertions.

Azalina urged respect for court decisions, the Constitution, and the processes outlined by the Constitution. She reiterated that no one is above the law or the Constitution. Najib Razak was sentenced to 12 years in prison for misappropriating RM42 million from SRC International, a former 1MDB subsidiary, serving his sentence starting in August 2022 after the Federal Court affirmed his conviction.

His sentence was reduced to six years and fine reduced to RM50 million following a review by the Federal Territories Pardons Board in 2024. The King of Malaysia granted Najib a conditional pardon enabling him to serve the remainder of his sentence under house arrest until August 23, 2028, contingent upon fulfilling unspecified conditions.