UMNO Kedah tells PH to respect constitutional pardon process
KUALA LUMPUR: UMNO Kedah has urged Pakatan Harapan (PH) leaders and supporters to stop acting as though they have the authority to determine whether an individual should be granted a pardon.
Its state liaison chairman, Datuk Seri Mahdzir Khalid, said the matter should not be decided through political statements or public debate on social media, stressing that the Federal Constitution provides a clear process through the Pardons Board.
He said all parties must respect the constitutional process under Article 42, which provides for the consideration of applications for pardons through the Pardons Board.
Mahdzir said the courts had jurisdiction to hear cases, convict those found guilty and impose sentences, while the Prisons Department was responsible for carrying out those sentences.
“After a conviction and sentence, the Constitution provides a separate process for considering an application for a pardon,” he said in a statement.
He said Najib Razak’s application for a pardon should therefore not be viewed as a rejection of the court’s decision, a retrial or a political appeal.
Instead, Mahdzir described it as a constitutional right to seek consideration through a legal process provided under the Federal Constitution.
He said the power to grant pardons was a prerogative of the Yang di-Pertuan Agong, exercised on grounds of clemency after the legal process had been completed.
“As such, no political party has the right to pre-empt or attempt to influence the consideration by determining in advance who is or is not deserving of a pardon,” he said.
Mahdzir also expressed disappointment with PH leaders and supporters who had openly called for Najib’s application not to be granted, saying such actions could be viewed as exerting political pressure on a process that should be conducted independently and in an orderly manner.
He said Malaysia’s system of constitutional monarchy and parliamentary democracy required all parties to respect the Federal Constitution regardless of political affiliation or the individual involved.
“Respecting the Constitution does not mean choosing provisions that we like and rejecting them when they involve political opponents. The Constitution does not change according to the colour of a political party or the name of an individual,” he said.
Mahdzir said UMNO Kedah would continue to uphold the institution of the Malay Rulers and respect any decision made within the constitutional framework.