On the 2nd of September, former prime minister Najib Razak filed a petition seeking a royal pardon for his conviction in the SRC International case. The application has understandably sparked the ire of many, with petitions being created in a bid to block his royal pardon. This situation thus begs the question, “What is a royal pardon?”
What is a Royal Pardon?
It is an official order given by a monarch to stop the punishment of a person accused of a crime.
Power of Pardon
The power to grant a royal pardon is as per Article 42(1) of the Federal Constitution (“FC”) which states:
“The Yang di-Pertuan Agong (“YDPA”) 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, Labuan and Putrajaya; 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.”
In short, the YDPA has the power to grant pardons for all offences committed in Kuala Lumpur, Labuan, and Putrajaya while the Sultan of each State has the power to grant pardons for all offences committed within his State. It should be noted that this power is discretionary. Ideally, the power is to be exercised in line with the advice of the Pardons Board but it is not necessary to adhere to the Board’s advice.
Limitations
However, the power to grant royal pardons in Art 42(1) is subject to the following limitations:
- According to Art 42(10) FC, if a sentence is imposed under any law regulating Islamic religious affairs in the State of Malacca, Penang, Sabah or Sarawak or the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, the pardon shall only be exercisable by the Yang di-Pertuan Agong as Head of the religion of Islam in the State.
- According to Art 42(12) FC, where the powers are to be exercised:
- by the Yang di-Pertua Negeri of a State in respect of himself or his wife, son or daughter, such powers shall be exercised by the YDPA;
- by the YDPA or the Ruler of a State in respect of his son or daughter, such powers shall be exercised by the Conference of Rulers; and
- in respect of the YDPA, the Ruler of a State or his consort, such powers shall be exercised by a Ruler of a State to be nominated by the Conference of Rulers.
Seeking a Royal Pardon
1) Those who receive a death sentence
Under s281(c) of the Criminal Procedure Code (“CPC”), with regard to the death sentence, the Menteri Besar of the State in which the offence was committed must submit details of the conviction and sentence to the Ruler of the relevant State for consideration under Article 42 of the Constitution.
2) Those who have completed 4, 8, 12 or 16 years of one’s sentence
Under Regulation 54 of the Prison Regulations 2000, the Officer-in-Charge shall every month, prepare a report on every prisoner who has during the previous month completed 4, 8, 12 or 16 years of his sentence and every subsequent year thereafter. Said report shall be submitted to the Menteri Besar of the State in which the offence was committed for the purpose of Art 42 FC or to the YDPA if it involves a security case or court martial.
3) Those who petition
According to Regulation 113 of the Prison Regulations 2000, a prisoner may petition the YDPA or the Ruler or Yang di-Pertua Negeri on the subject of his conviction or sentence as soon as practicable after his conviction. A second such petition shall be allowed when a prisoner has completed 3 years from the date of conviction, and thereafter such petitions shall be granted at 2 yearly intervals unless there are any special circumstances which the Officer-in-Charge may consider should be brought to the notice of the YDPA or the Ruler or the Yang di-Pertua Negeri.
