Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said has affirmed that the power to grant pardons is expressly provided for under Article 42 of the Federal Constitution and should not be construed as placing anyone above the law.
Azalina said the Federal Constitution is the country’s supreme law and that no individual, government or institution is above it. For offences committed in the Federal Territories, Article 42 sets out the Yang di-Pertuan Agong’s powers to grant pardons, reprieves and remissions of sentences, as well as the constitutional framework for the Pardons Board.
She said this constitutional power should be understood separately from the role of the courts. While courts determine guilt and impose sentences, the pardoning process provides a separate constitutional mechanism for clemency.
“The existence of the constitutional power of pardon does not mean that a court’s decision is disregarded, nor does it place any individual above the law,” she said.
Against this backdrop, Azalina said the Pardons Board, Attorney General and relevant minister must each act within the powers and procedures provided under Article 42. She stressed that questions over the validity or legal effect of any action should be assessed based on the Constitution, the facts and the process followed, rather than political interpretation.
Her remarks come after Yang di-Pertuan Agong Sultan Ibrahim granted former prime minister Datuk Seri Najib Tun Razak a conditional pardon, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to payment of a RM50 million fine. The decision was made at the 64th meeting of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
The Federal Territories Pardons Board is chaired by the King and includes the Attorney General, the minister responsible for the Federal Territories and three members appointed by the King.
Azalina urged all parties to respect court decisions, the Federal Constitution and the processes established under it, reiterating that no one is above the law or the Constitution.
