KUALA LUMPUR: Istana Negara has said that any application for a prisoner to be granted a pardon or sentence reduction must be submitted to the Pardons Board chaired by the Yang di-Pertuan Agong.
Istana Negara, in a statement, said the Yang di-Pertuan Agong holds the prerogative to grant pardons under Articles 42(1) and (2) of the Federal Constitution, based on the advice of the Pardons Board he chairs, for offences committed within the Federal Territories.
In the same statement, the palace said the Yang di-Pertuan Agong could also remit, suspend, or commute any sentence imposed by the court for the offences concerned.
The issue of prisoner pardons has sparked debate following the case involving Datuk Seri Najib Razak, particularly regarding the Titah Adendum to allow the former Prime Minister to serve the remainder of his sentence under house arrest.
The Attorney-General's Chambers (AGC), in a previous statement, said Najib must submit a new application to the Pardons Board chaired by the Yang di-Pertuan Agong if he wishes to serve the remainder of his sentence under house arrest.
The AGC said that the decision by the Pardons Board chaired by the Yang di-Pertuan Agong would be made based on procedures and channels already established by law and not through any other channels.
Meanwhile, the palace informed that the Yang di-Pertuan Agong's power, as enshrined under Article 42(1) and (2) of the Federal Constitution, is exercised with the advice of the Pardons Board chaired by His Majesty.
"Therefore, if any party wishes to propose that any prisoner be granted a pardon or reduction of sentence, the application must be submitted by the prisoner concerned for consideration by the Pardons Board chaired by His Majesty the Yang di-Pertuan Agong at the next meeting.
"All parties are reminded to respect the Constitution and the laws established," it said.
Najib, 71, has been serving a six-year prison sentence since Aug 23, 2022, after being convicted of misappropriating RM42 million belonging to SRC International Sdn Bhd. He filed a petition for a royal pardon on Sept 2 of the same year.
The Pardons Board subsequently reduced Najib's prison sentence from 12 years to six years, while the fine was reduced from RM210 million to RM50 million, making him eligible for release on Aug 23, 2028.
The Titah Adendum, which allows Najib to serve the remainder of his prison sentence under house arrest, is said to have been approved by the 16th Yang di-Pertuan Agong.
In an application filed last April, Najib sought a mandamus order to compel the respondents to answer and confirm the existence of the Titah Adendum.
He named the Minister of Home Affairs; the Director-General of Prisons; the Attorney General; the Pardons Board of the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya; the Minister in the Prime Minister's Department (Law and Institutional Reform); the Director-General of the Legal Affairs Division in the Prime Minister's Department; and the Government of Malaysia as respondents.
The former Prime Minister also sought an order that, if the Titah Adendum exists, all respondents or any one of them must implement it and immediately transfer him from Kajang Prison to his residence in Kuala Lumpur to serve the remainder of his prison sentence under house arrest.
On July 3, the Kuala Lumpur High Court dismissed the application of the former Pekan Member of Parliament, ruling that the four affidavits supporting his claim, including statements from Umno President Datuk Seri Dr Ahmad Zahid Hamidi and Vice President Datuk Seri Wan Rosdy Wan Ismail, were inadmissible as they were merely hearsay.
The Court of Appeal has set Jan 6 to hear Najib's appeal regarding the High Court's decision to dismiss the judicial review application and notice of motion filed to submit additional evidence related to the Titah Adendum.