Do Not Portray Pardoning Power as an Act of ‘Being Above the Law’ – Azalina

KUALA LUMPUR: The exercise of the pardoning power should not be portrayed as an act of “being above the law” as it is provided for under Article 42 of the Federal Constitution.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said that for offences committed in the Federal Territories, Article 42 provides the Yang di-Pertuan Agong with the power to grant pardons and establishes the framework for the Pardons Board.

“The Federal Constitution is the supreme law of the country, and all parties are subject to its provisions.

“Therefore, the principle of the rule of law has never been in question. No individual, government or institution is above the law,” she said in a statement today.

Yesterday, the Pakatan Harapan (PH) Presidential Council stressed that no individual is above the law and that anyone convicted of an offence must serve their sentence in accordance with the Federal Constitution and existing laws.

In its statement, the Presidential Council expressed its full support for the position of Prime Minister Datuk Seri Anwar Ibrahim, as well as the advice given by the Attorney General and the Federal Territories Minister to the Pardons Board.

Azalina said judicial decisions and the pardon process are separate matters, with the courts exercising their judicial function in determining guilt and punishment.

“Article 42, meanwhile, provides a constitutional mechanism for pardons, reprieves or respites. Therefore, the existence of the pardoning power under the Constitution does not mean that court decisions are being set aside or that an individual is above the law.

“In addition, every institution must act within the scope of the powers granted by the Constitution. The roles of the Pardons Board, the Attorney General and the relevant minister must be viewed based on the provisions of Article 42 and the prescribed procedures, rather than through political interpretations or perceptions.

“The government has previously explained in Parliament that the existing procedures and processes relating to the Pardons Board are carried out in accordance with the Federal Constitution and the laws in force,” she said.

Azalina, who is also UMNO Information Chief, said she maintained that court decisions, the Constitution and processes provided for under the Constitution must be respected.

“Any questions regarding the validity, legal effect or process of an action must be assessed based on the text of the Constitution, the facts and the actual process, rather than merely on political statements.

“No one is above the law, and no one is above the Constitution,” she said.

Berita Harian