KUALA LUMPUR: Anwar Ibrahim is objecting to an application filed by Kedah menteri besar Sanusi Nor asking that the High Court determine the scope of a royal pardon given to the PKR president five years ago.
The application was filed after Anwar took out a civil suit against Sanusi over an allegedly defamatory speech he made at a political rally linking the prime minister to an immoral act, Bernama reported.
Anwar said Sanusi’s application is beyond the jurisdiction of the court.
He said the Federal Constitution stipulates that the power to grant a pardon is the sole prerogative of the King, who is not bound by any advice received from the Pardons Board.
“There are several cases in the Federal Court and the Court of Appeal which uphold the principle that the decision of the Yang di-Pertuan Agong is non-justiciable.
“This includes the power to grant a pardon, which proves that the courts have no power to do so,” Anwar’s lawyer, SN Nair, was quoted as saying.
Anwar said Sanusi’s application was “irrelevant, frivolous and an abuse of the court’s process”.
In December last year, Anwar sued Sanusi for defamation after the latter allegedly insinuated that Anwar was an immoral character.
Anwar demanded that Sanusi immediately retract his remarks.
However, Sanusi said he would not apologise and was ready to face Anwar in court.
Anwar is also seeking an injunction against Sanusi from uttering, writing, publishing or distributing the impugned remarks that are deemed defamatory.