Barisan Nasional (BN) deputy chairman Mohamad Hasan has claimed that DAP secretary-general Loke Siew Fook appeared to have questioned the Yang di-Pertuan Agong’s constitutional power to grant pardons by resigning as transport minister.
Loke announced his resignation in September following the King’s decision to grant former prime minister Najib Razak a conditional pardon, allowing him to serve the remainder of his prison sentence in the SRC International case under house arrest until Aug 23, 2028.
He officially stepped down yesterday after the High Court set aside its earlier order allowing Najib to be discharged upon payment of his RM50 million fine and issued a fresh order permitting him to serve the remainder of his sentence at his Taman Duta residence in Kuala Lumpur.
Mohamad, popularly known as Tok Mat, said all parties must respect the King’s power to grant pardons as provided for under the Federal Constitution.
The foreign minister said Loke’s claim that his resignation was based on principle could instead be interpreted as a protest against the decision to grant Najib a conditional pardon.
“There are many issues of principle … this is not one of them,” he was quoted as saying by Harian Metro.
His remarks appeared to differ from those of Umno president Ahmad Zahid Hamidi, who was quoted by the media yesterday as praising Loke as “a man of principle” for resigning.
Mohamad said it was inappropriate for Loke to resign over the King’s decision to grant Najib a pardon.
“In my view, this (Loke’s resignation) questions the absolute powers of the Yang di-Pertuan Agong because the Constitution clearly states that granting pardons is His Majesty’s absolute prerogative.
“I do not think that (Loke’s resignation) is appropriate because all Malaysians must understand the Federal Constitution, which clearly states that the power to grant pardons rests with the Yang di-Pertuan Agong and the Malay rulers,” he said.
Mohamad made the remarks after meeting residents in Jasin, Melaka, while campaigning for Saturday’s state election.
Zahid warns against challenging Najib’s conditional pardon
Zahid has also warned that any protest against the conditional pardon granted to Najib could be construed as challenging the Yang di-Pertuan Agong’s constitutional authority.
In a statement, he said the conditional pardon, granted under Article 42 of the Federal Constitution, reflected the King’s constitutional powers and prerogatives, which must be respected by all institutions and members of the public.
He said using the pardon as a reason for taking certain action could be interpreted as an act of defiance against the King.
“Such actions could be construed as challenging His Majesty’s constitutional authority and an act of disloyalty towards the Yang di-Pertuan Agong,” he said.
Najib’s pardon and house arrest arrangement
Najib was jailed in August 2022 after the Federal Court upheld his conviction for abuse of power, criminal breach of trust and money laundering involving RM42 million in SRC International funds.
He was sentenced to 12 years’ imprisonment and fined RM210 million.
In January 2024, then Yang di-Pertuan Agong Al-Sultan Abdullah Sultan Ahmad Shah halved Najib’s prison sentence and reduced his fine to RM50 million as part of a royal pardon.
In September this year, the current Yang di-Pertuan Agong, Sultan Ibrahim, granted Najib a further conditional pardon, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028.
The arrangement was subject to Najib paying the RM50 million fine and complying with other stipulated conditions.
Last Friday, the High Court issued an order allowing Najib to be discharged upon payment of the fine. However, the Attorney-General’s Chambers raised concerns over the document, questioning the accuracy of the terminology and legal provisions used.
