KUALA LUMPUR: Any application for a royal pardon, including that of former prime minister Datuk Seri Najib Razak, must be submitted to the Pardons Board chair through the Yang di-Pertuan Agong.
In a statement, the Attorney-General's Chambers (AGC) said the Pardons Board would follow procedures and channels established by law in making its decision.
"This chamber has been instructed by the Yang di-Pertuan Agong to announce that all applications for a royal pardon for offences committed in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya must be submitted to the Pardons Board.
"Therefore, if any party wishes to propose that any convict, including Datuk Seri Mohd Najib Tun Abdul Razak, complete their sentence under house arrest, they must submit an application to be considered by the Pardons Board."
The AGC said that under Article 42(1) of the Federal Constitution, the Yang di-Pertuan Agong has the power to pardon, postpone, or relieve any convict of offences committed in the Federal Territories.
"Article 42(2) of the Federal Constitution provides, among other things, that the Yang di-Pertuan Agong may remit, suspend, or commute any sentence imposed by the court.
"In this regard, any decision made by the Yang di-Pertuan Agong on the advice of the Pardons Board under Article 42 of the Federal Constitution is subject to the provisions of applicable laws to prevent such actions from being challenged in court as legally invalid," it said.
Najib, 71, has been imprisoned since Aug 23, 2022, after the Federal Court upheld his conviction for misappropriating RM42 million in SRC International Sdn Bhd funds.
On Jan 29, the Federal Territories Pardons Board, chaired by the then king, halved Najib's 12-year jail sentence for abuse of power and criminal breach of trust in the SRC International case and reduced his RM210 million fine to RM50 million.
In April, Najib filed a judicial review seeking to establish the existence of an addendum order dated Jan 29, allegedly issued by the former king, granting him house arrest.
Several affidavits were filed in support of Najib's application, including those by Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi and Pahang Menteri Besar Datuk Seri Wan Rosdy Wan Ismail.
On July 3, the High Court ruled that the affidavits were hearsay. Najib has since filed an appeal, which the Court of Appeal is scheduled to hear on Jan 6.