Bar’s Decision to Challenge Pardons Board’s Ruling on Najib: Upholding Rule of Law or Questioning Royal Pardon Powers?

Opinion
20 Mar 2024 • 9:00 AM MYT
Mihar Dias
Mihar Dias

A behaviourist by training, a consultant and executive coach by profession

image is not available
Malaysian Bar’s president Mohamad Ezri Abdul Wahab. Credit: Malay Mail

By Mihar Dias (C) Copyright March 2024

The recent decision by the Malaysian Bar to challenge the legality of the Pardons Board’s decision to reduce former Prime Minister Datuk Seri Najib Razak’s jail term and fine has sparked debate and raised important questions about the rule of law and the separation of powers in Malaysia.

At its 78th annual general meeting, the Malaysian Bar voted overwhelmingly to file a court challenge against the Pardons Board’s decision, which saw Najib’s 12-year jail term and RM210 million fine in relation to the misappropriation of SRC International Sdn Bhd’s funds reduced.

The Bar's decision reflects its duty to uphold the rule of law and ensure that justice is served without fear or favor.

However, some have raised concerns that the Bar’s challenge could be seen as questioning the Agong's (King's) pardon powers, as the Pardons Board acts on the Agong's behalf. Malaysian Bar’s president Mohamad Ezri Abdul Wahab clarified that the challenge is specifically against the Pardons Board's decision, not the Agong's decision, emphasizing that the Bar is focused on ensuring that the proper legal process is followed.

The Bar's decision to challenge the Pardons Board's ruling raises important questions about the separation of powers and the role of the judiciary in upholding the rule of law. It demonstrates the Bar’s commitment to holding public institutions accountable and ensuring that decisions are made in accordance with the law.

In conclusion, while the Malaysian Bar's decision to challenge the Pardons Board's decision may raise questions about the limits of the Agong's pardon powers, it is ultimately a reflection of the Bar's commitment to upholding the rule of law and ensuring that justice is served fairly and impartially.

We applaud the Bar Council's decision.


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Mihar Dias mihardias@gmail.com

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