Shafee urges Agong, Malay rulers to scrutinise High Court’s decision on Najib’s house arrest, claims it dilutes their powers

Shafee urges Agong, Malay rulers to scrutinise High Court’s decision on Najib’s house arrest, claims it dilutes their powers

KUALA LUMPUR, Dec 22 — The Yang di-Pertuan Agong (YDPA) and other Malay Rulers should look closely at the High Court’s decision rejecting Datuk Seri Najib Razak’s house arrest bid, lawyer Tan Sri Muhammad Shafee Abdullah said today.

Shafee, who is representing Najib, said the former prime minister is disappointed with the ruling to dismiss carrying out the former Agong’s house arrest addendum order.

“We are disappointed over several issues.

“This is our view. Number one, and the one that is most concerning, today’s decision has taken away the fullest prerogative of mercy of not only the YDPA, but the Malay rulers and governors,” he told reporters outside the courtroom after Najib’s bid was denied.

According to Shafee, the High Court ruling means that the Agong can only make decisions about pardons during a Pardons Board meeting – which he disagreed with.

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“Today’s decision seems to suggest every decision pertaining to pardon must be made within the Pardons Board. That has taken away what the Agong and Malay rulers have enjoyed, the full discretion on matters of pardon,” Shafee claimed.

He further claimed that court ruling “allows the powers of the YDPA to be diluted because he needs to make his decision within the confines of the Pardons Board, which we think is completely untrue”.

He said the court’s decision is surprising and could encourage many other convicted people to go to court to ask what happened during Pardons Board meetings that considered their pardon requests.

Shafee said today’s court ruling could affect the Agong’s authority.

The court ruling was to set aside the addendum order for a house arrest issued by the 16th Agong as it was not made during the Pardons Board meeting as required under Article 42 of the Federal Constitution.

The court noted that the Agong is a “constitutional monarch” and the exercise of his powers have to be within the safeguards and limits of the Federal Constitution.

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“And with this, I urge and ask the Malay rulers, YDPA and also governors involved to scrutinise today’s decision, because today’s decision has such a big impact on the powers of the Malay Rulers, YDPA and governors,” he said.