PETALING JAYA: Lawyer Mohd Khairul Azam Abdul Aziz has gone to court to obtain a declaration that a clemency given to Anwar Ibrahim in 2018 is not in accordance with the law.
His lawyer, M Reza Hassan, said a writ was filed at the Kuala Lumpur High Court this afternoon to seek a declaration that the Federal Territories Pardons Board was not formed in accordance with provisions in the Federal Constitution.
Khairul, in a statement, said he was of the view that the composition of the board was not in accordance with Article 42 (5) to advise the Yang di-Pertuan Agong to pardon Anwar.
“I have the legal standing to bring the action as I am an aggrieved person,” said Khairul, who earlier today claimed trial at the magistrate’s court here to a charge of alleged racial incitement.
It was alleged that he had posted a video on his Facebook account last month claiming there was no mention of Chinese or Indians under the Federal Constitution.
Khairul said Prime Minister Dr Mahathir Mohamad announced on May 11, 2018, two days after the Pakatan Harapan coalition was voted into federal power, that the king had granted a full pardon to Anwar.
“The pardon came about just before a Cabinet was formed and this was in violation of Article 42 (4) and (5) of the supreme law of the nation,” he said.
Further, he said the board had not existed on May 16 to advise the king to pardon Anwar, the current PKR president and Port Dickson MP.
Khairul said a board member, the then attorney-general Mohamed Apandi Ali, was on garden leave and the Federal Territories minister had yet to be appointed.
He said Apandi had also not assigned the solicitor-general to represent him at the meeting.
Article 42 (5) states the Federal Territories board membership should consist of the AG, the minister and at least three others to advise the King.
The Federal Court, in early 2015, affirmed Anwar’s five-year jail term over a charge of sodomising his aide, Mohd Saiful Bukhari Azlan.
Anwar told a press conference on May 16 that the king had granted him a full pardon in his three trials — abuse of power, Sodomy 1 and Sodomy 2 — on the basis that there was a “miscarriage of justice”.
Anwar said the pardon was also on the basis that there was a conspiracy to condemn him and assassinate his political character.
“The pardon is complete and unconditional. The entire convictions are erased automatically,” he had claimed.