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

KUALA LUMPUR, Sept 19 — Umno information chief Datuk Seri Azalina Othman Said clarified today that the constitutional power to grant pardons should not be seen as placing any individual above the law. Article 42 of the Federal Constitution explicitly provides for the power of pardon, making it a law-based process, not an exception to the law.

Azalina emphasized that the rule of law applies to everyone, including individuals, governments, and institutions. She stressed that while judicial decisions and the pardoning process are separate, the courts are responsible for determining guilt and sentences, while Article 42 outlines the process for pardons, reprieves, and remissions of sentences.

Azalina pointed out that the existence of the constitutional power of pardon does not negate a court's decision nor does it elevate any individual above the law. She asserted that each institution must operate within the powers granted by the Federal Constitution and that the roles of the Pardons Board, the Attorney General, and the relevant Minister should be understood according to Article 42 and the prescribed constitutional process.

Azalina urged that questions about the validity, legal effect, or process of any action should be evaluated based on the Constitution, the facts, and the actual procedural steps taken rather than through political interpretations or perceptions. She reiterated the importance of respecting court decisions, the Constitution, and the processes outlined by it. No one should be treated as above the law or the Constitution.

Najib Razak, convicted in 2020 for misappropriating RM42 million from SRC International, a former 1MDB subsidiary, commenced his 12-year prison sentence in August 2022 following the Federal Court's confirmation of his conviction. His sentence was reduced by half to six years with the fine lowered to RM50 million after a review by the Federal Territories Pardons Board in 2024.

The Sultan of Malaysia, His Majesty Sultan Ibrahim, granted Najib a conditional pardon enabling him to finish his sentence under house arrest until August 23, 2028. This pardon comes with the condition of fulfilling the RM50 million fine and adhering to undisclosed conditions.