Gulam questions ‘two-tier’ narrative over Najib pardon

KUALA LUMPUR: Batu Umno division chief Datuk Gulam Muszaffar Gulam Mustakim has questioned claims on social media that the royal pardon granted to former prime minister Datuk Seri Najib Razak reflects a “two-tier” system favouring political elites over ordinary Malaysians.

Gulam said such claims could fuel a wider debate over whether the Yang di-Pertuan Agong was being portrayed as selective or inconsistent in exercising the constitutional power of pardon.

He said the power to grant pardons was provided for under Article 42 of the Federal Constitution, which establishes the constitutional framework for the Pardons Board.

“The royal pardon is a constitutional prerogative and does not violate the Federal Constitution,” he said in a statement.

Gulam said Najib was not the first prisoner to receive consideration under the royal pardon system, noting that pardons had previously been granted to prisoners by the King or state rulers.

He also pointed to the 63rd meeting of the Pardons Board, which he said resulted in the release of 65 prisoners, arguing that the public did not necessarily know the personal backgrounds of those who received such consideration.

Gulam also cited the case of Prime Minister Datuk Seri Anwar Ibrahim, who received a full pardon in 2018 after being convicted of sodomy and abuse of power.

He said the issue should not be viewed differently simply because the individual involved was Najib.
“Do not use the political elite narrative simply because the person is Najib Tun Razak,” he said.

Gulam then turned his criticism towards what he described as other cases that, in his view, deserved greater public scrutiny, including the corruption trial involving former Penang chief minister Lim Guan Eng and the Jana Wibawa case involving former prime minister Tan Sri Muhyiddin Yassin.

However, unlike Gulam’s description of the cases as having been stopped “halfway”, Lim’s undersea tunnel corruption trial remains before the Sessions Court.

The prosecution amended one of the charges in May, while the Court of Appeal in June dismissed Lim’s bid to strike out separate corruption and money-laundering charges linked to a workers’ hostel project.

In Muhyiddin’s case, the High Court on Sept 15 discharged and acquitted him of one charge of using his position to obtain RM200 million in bribes and three money-laundering charges involving the same amount after the prosecution decided not to proceed with those four charges. He still faces three other charges involving RM25.3 million linked to Jana Wibawa.

Gulam said if DAP was uncomfortable with the royal pardon granted to Najib, the party should instead consider proposing amendments to or the abolition of Article 42 rather than continuing to question its exercise.

He stressed that offences such as corruption, abuse of power, drug offences, theft, robbery, murder, rape and criminal breach of trust should not be compromised, but maintained that the constitutional power of pardon should remain available for consideration in appropriate cases.

His remarks came after the King granted Najib a conditional pardon on Friday, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to 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 government has said the decision falls within the constitutional powers of the Yang di-Pertuan Agong under Article 42.