KUALA LUMPUR: Former Prime Minister Datuk Seri Najib Razak remains Pekan member of parliament until pardon petition process ends.
A royal pardon petition was submitted on Sept 2.
Dewan Rakyat Speaker Datuk Seri Azhar Azizan Harun in a statement today said the petition was filed under Article 42 of the Federal Constitution, which is within 14 days from the Federal Court's guilty verdict on Najib.
On Aug 23, the Federal Courty upheld Najib's conviction and 12-year jail sentence and RM210 million fine. He was found guilty of misappropriating RM42 million of SRC International funds.
"Hence, the cessation of his eligibility on the seat will only take effect once the (pardon petition) process is completed, (and) should the petition be rejected.
"This means Najib's status as an MP remains and (his position) will only be finalised after the pardon petition (process) concludes," he said in a statement.
Azhar said he had also received the submission of several documents, including a copy of the pardon application under Article 42 of the Federal Constitution against Najib, dated Sept 1.
"Also received is a copy of the letter from Messrs. Shafee and Co dated Sept 1, which attached the said pardon application, received by the Prime Minister's Department Legal Affairs Division director-general on Sept 2.
Azhar also said he received copies of respective sealed Criminal Orders for Najib's appeal case at the Federal Court dated Aug 23.
According to Article 48(1)(e) of the Federal Constitution, Azhar said any MP who is convicted of an offence by the Federal Court and sentenced to imprisonment for not less than one year or fined less than RM2,000, the respective individual will be disqualified to serve as an MP.
He said the validity of Article 48(1)(e) of the Federal Constitution was subject to 48(4) and Article 53(2) of the Federal Constitution.
Azhar had previously said that Najib would be automatically disqualified as a federal lawmaker after 14 days, if no other court procedures or royal pardon applications were made within that period.