OSA shields Pardons Board minutes, expert warns against public disclosure

KUALA LUMPUR: Information shared by the Pardons Board, including its minutes, falls under the protection of the Official Secrets Act (OSA) 1972, warned constitutional expert Prof Dr Nik Ahmad Kamal Nik Mahmood. The expert pointed out that documents classified under the OSA may be made public only if they are required in court or for a police investigation.

He used the Addendum Order involving former Prime Minister Datuk Seri Najib Razak as an illustration. According to Prof Dr Nik Ahmad Kamal, exposing details from Pardons Board meetings could lead to controversy, harm the Yang di-Pertuan Agong's institution, and prevent members from discussing applications openly. There has never been a public disclosure of Pardons Board discussions or minutes, he emphasized.

Both the facts and minutes are similarly protected by the OSA, so disclosure is not expected. Ultimately, the decision lies with the Minister, as stated in Section 2C of the OSA. The government and relevant authorities retain the discretion to determine whether to declassify information, he added. Wanita DAP called for the government to reveal the Pardons Board meeting minutes regarding the conditional pardon granted to Najib, emphasizing the need for transparency in a significant decision.

Prof Dr Nik Ahmad Kamal, head of Governance, Legal and Management Cluster at the National Council of Professors, noted that the Yang di-Pertuan Agong's prerogative powers in pardon matters are clear. He cautioned that disclosure could undermine these unique powers in the country's governance system. Certain secrets or confidential matters under the OSA can be disclosed per Act provisions, but national security and related factors may prevent disclosure in some instances.

The recent pardon for Najib, granting him house arrest until Aug 23, 2028, following a RM50 million fine, was decided by Sultan Ibrahim, who chaired the Federal Territories Pardons Board meeting on the same day. The Legal Affairs Division of the Prime Minister's Department confirmed the decision, stating that Najib must adhere to the imposed conditions, or the pardon would be revoked, and he would resume serving his prison term.