Anwar Ibrahim had filed an appeal to strike out a suit by a lawyer challenging his pardon in 2018.
“However, in the same case, the ruling that the granting of pardon is a ‘royal prerogative of mercy’ is erroneous,” Akhtar said in a written judgment. “However, on matters of pardon, where the Yang di-Pertuan Agong acts on advice of the Pardons Board the attorney-general , this power is justiciable,” he said.“The granting of pardon cannot be ruled as not justiciable just because it is exercised by the august and high office of the Yang di-Pertuan Agong,” he said, adding it would be a dereliction of duty by the court under the Federal Constitution for refusing to hear the matter.
The judge said the Federal Territories Pardons Board was legally constituted but the role of then attorney-general Mohamed Apandi Ali, who was on garden leave, was questionable. The judge said the question arose whether the executive could encroach into the power of the judiciary by setting aside the conviction of an accused after the full process of the law.
alamak!
Tak sabar nak keluar penjara sampai mohon pengampunan. Jika ikut rule of law, mungkin berbeza kaedahnya.
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