Court to rule in January on Bar’s challenge to Najib’s 2024 clemency
Lawyer Yeo Yang Poh argues that accountability is a fundamental pillar of the justice system, and that the FTPB’s decision should be subject to judicial scrutiny.
Malaysian Bar will challenge the Malaysian Court of Appeal's decision on January 7 regarding the Federal Territories Pardons Board’s (FTPB) 2024 alteration to former Prime Minister Najib Razak's jail term and fine reduction in the SRC International case. Najib's conditional pardon, enabling him to serve his sentence under house arrest until August 23, 2028, along with a RM50 million fine, was granted last week.
The FTPB's decision occurred before the Bar received notification of the Court of Appeal's Jan 7 ruling date. The Bar claims the 2024 decision is unlawful and unconstitutional, seeking its quashing and a declaration. Counsel Rajpal Singh Ghai emphasized that accountability is a fundamental aspect of the justice system, and the FTPB's decisions should be subject to judicial review.
The Bar's arguments were bolstered by former Bar president Zainur Zakaria, who cited a 1994 constitutional amendment removing the Yang di-Pertuan Agong's absolute discretion in exercising his constitutional functions. The opposition argued that Article 40(1A) requires the king to act in accordance with the advice of the board, making the decision non-justiciable.
The High Court's refusal to grant leave was upheld by senior federal counsel Ahmad Hanir Hambaly, who maintained that the matter was outside judicial review as it pertained to the Yang di-Pertuan Agong's prerogative under Article 42 of the Federal Constitution.
Written by urgent.news from Free Malaysia Today's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
