The Agong cannot be compelled to even hear , let alone consider Pekan MP Najib Razak's prayer for pardon; the operation of Article 48(4) (c) of the Malaysian Constitution may not have been triggered

 by Ganesh Sahathevan 

Tan Sri Azhar Azizan Harun, Speaker Dewan Rakyat has declared: 

"In (the matter of Pekan MP and former Prime Minister Najib Razak's conviction), Article 48(4)(c) (of the Malaysian Constitution)  provides that if a pardon petition is filed by the MP concerned within 14 days from the date the appeal is decided, the disqualification of the MP will only take effect once the pardon petition is settled (if the petition is rejected).

"Therefore, considering that the pardon petition was filed under Article 42 on Sept 2 (2022), which is within 14 days from the date of the Federal Court's decision, his disqualification (as MP) will only commence once the pardon petition is settled (in case the petition is rejected).

"This means that his status as Pekan MP has not changed at this time, and will only be finalised when the appeal petition is settled,".......

However Article 42 of the Malaysian Constitution simply  codifies the royal prerogative to grant pardons but does not compel the Yang di-Pertuan Agong to even entertain a petition for pardon. 

Article 42 (1) states: 

 The Yang di-Pertuan Agong has power to grant pardons, reprieves and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur and Labuan; and the Ruler or Yang di-Pertua Negeri of a State has power to grant pardons, reprieves and respites in respect of all other offences committed in his State

Consequently The Speaker's  reliance on Article 48 (4)(c) to justify Najob remaining MP for Pekan might be premature for simple mechanics would dictate that a prayer must first be heard to be considered, let alone rejected or granted.

Article  48(4) (c) states:

..if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceedings specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of

In other words, until and unless  The Yang di-Pertuan Agong indicates that he has heard prayer  and that it will be considered, can that petition be said to even exist, in a form and substance that can trigger Article 48(4) (c)?  If the petition does not exist, the fact of it being filed would be irrelevant. This may seem harsh or unjust, but The Yang Di-Pertuan Agong is exercising  a royal prerogative that has been codified in its function but not in its exercise. As mentioned above, there is nothing in The Malaysian Constitution that compels The Agong to even hear a prayer.

In fact, it appears from media reports that The Yang Di Pertuan Agong is of the opinion that it would be against the teachings of Islam for him to hear the prayer.

END