The Validity of Royal Pardons: A Lawyer’s Perspective
Introduction
A royal pardon can still be valid even if granted without going through the pardons board, according to lawyer Haniff Khatri Abdulla. This statement was made during a public forum on royal pardons, where Haniff argued that the Federal Constitution and several precedents set by the Federal Court indicate that royal pardons can be granted by a ruler without the process of going through the pardons board.
The Ruler’s Prerogative
Haniff contended that the granting of a pardon is exclusively a royal prerogative and cannot be limited by any formality or body. He emphasized that the validity of any royal pardon is not impacted even if it is made outside of the proceedings of the pardons board.
The Case of Former Prime Minister Najib Razak
Haniff’s comments come in the midst of a controversy over a claim by imprisoned former prime minister Najib Razak that he is entitled to serve the remainder of his jail term under house arrest as provided under a purported addendum to the pardon granted on February 2. A solidarity rally is being organized in Putrajaya on Monday in support of Najib, whose application for a judicial review will be considered by the Court of Appeal that day.
Palace Statement
Yesterday, Istana Negara reiterated that any proposal for a prisoner in the federal territories to be granted a pardon or reduction in sentence must be submitted to the pardons board for consideration. This statement came a week after the Attorney-General’s Chambers said that any proposal for prisoners in the federal territories to serve the remainder of their sentences under house arrest, including imprisoned former prime minister Najib Razak, have to be submitted to the pardons board.
Bill on House Arrest
A bill that will allow house arrest as an alternative punishment for certain offences is expected to be tabled in Parliament this year. However, Haniff emphasized that even if a law on house arrest is legislated, providing a judge with an option when it comes to sentencing, it would have no bearing on the king’s prerogative to grant pardons.
Prisoners’ Rights
While there are no legal provisions for prisoners to serve their jail sentences under house arrest, the Prisons Act allows for a prisoner to be released on licence subject to any regulation made by the home minister. On Monday, the Court of Appeal will hear Najib’s application for a judicial review regarding his claim to be allowed to serve the remainder of his jail term under house arrest as provided in a purported supplementary order to the February 2 decision to commute his sentence.
Conclusion
In conclusion, Haniff’s arguments suggest that the validity of a royal pardon is not affected by the process of obtaining it, and that the ruler’s prerogative to grant pardons is not bound by any formalities or bodies. The ongoing controversy surrounding former prime minister Najib Razak’s claim to serve his jail term under house arrest highlights the complexities surrounding the issue of royal pardons and prisoners’ rights in Malaysia.
Frequently Asked Questions
- Can a royal pardon be granted without going through the pardons board?
- According to Haniff Khatri Abdulla, yes, a royal pardon can still be valid even if granted without going through the pardons board.
- Is the granting of a pardon exclusively a royal prerogative?
- Yes, Haniff contended that the granting of a pardon is exclusively a royal prerogative and cannot be limited by any formality or body.
- Can a prisoner serve their jail sentence under house arrest?
- While there are no legal provisions for prisoners to serve their jail sentences under house arrest, the Prisons Act allows for a prisoner to be released on licence subject to any regulation made by the home minister.