PAS has expressed its serious concern over the Kuala Lumpur High Court’s decision to reject Najib Razak’s judicial review application pertaining to the alleged “royal addendum” concerning house arrest for the remainder of his sentence.
PAS secretary-general Takiyuddin Hassan stated that while it respects court rulings as a fundamental pillar of the rule of law, it also emphasised that the constitutional right to freedom of expression remains protected.
“This is especially so when a judicial decision is perceived as undermining, reinterpreting, or overriding powers explicitly vested in the Yang di-Pertuan Agong, the Malay Rulers, and the state heads,” he said in a statement today.
He said Article 42 of the Federal Constitution places the power of pardon, reprieve, or remission within the discretion of the Agong, the rulers and state heads.
“Pardon power as an executive function exercised through the Pardons Board and not subject to judicial approval, administrative support, or political acceptance,” he added.
He cautioned that attempts to place royal pardon discretion under judicial or bureaucratic control could intrude upon the constitutional settlement and erode the standing, sovereignty and position of the rulers as set out by the Constitution.
Takiyuddin added that any decision, direction, or indication made by the Agong in exercising the discretion under Article 42 falls within the constitutional framework, and said administrative ambiguity, missing documentation, delayed disclosure, or selective acknowledgements should not be used to neutralise, delay, or question the validity of royal actions.
He said the addendum issue, described as part of a decision by the 16th Agong, must be accepted, implemented and given legal effect immediately, and argued that constitutional principles should not be applied selectively.
He also expressed PAS’s full support for Najib’s right to appeal to a higher court, stating that the right to appeal is a fundamental guarantee that must be allowed to proceed freely, fairly, and without prejudice.
Takiyuddin urged all branches of government and relevant authorities to act courageously, transparently and faithfully in accordance with constitutional principles to ensure consistent justice and to safeguard the honour and sovereignty of the Agong and the rulers.
