KUALA LUMPUR: A lawyer has sued the Federal Territories Pardons Board and Datuk Seri Anwar Ibrahim over the latter's royal pardon relating to the latter's sodomy conviction involving Mohd Saiful Bukhari Azlan.

Mohd Khairul Azam Abdul Aziz, 43, the sole plaintiff, filed the suit through the law firm Messrs Raja Riza & Associates here on Wednesday (Feb 26).

The Pardons Board and Anwar, 73, were named the first and second defendants, respectively.

In his statement of claim, Khairul Azam, who is also Parti Bumiputera Pesaka Malaysia (Putra) vice-president, said the Federal Court had on Feb 10,2015, affirmed a conviction against Anwar pertaining to the sodomy charge.

The apex court had maintained the five-year imprisonment sentence meted out by the Court of Appeal against Anwar, who later went to jail to serve his sentence.

However, on May 9,2018, after the 14th General Election and a new government was formed, the plaintiff claimed that several illegal and unconstitutional moves were taken to ensure Anwar was pardoned and released from his sentence.

Khairul Azam claimed that two days after the new government was formed at the federal level and before the formation of a complete Cabinet line-up under Article 43 of the Federal Constitution, former prime minister (now interim) Tun Dr Mahathir Mohamed announced that Anwar was given a full pardon by the Agong.

Following the pardon, Anwar was able to contest in a by-election and was elected as the Port Dickson MP.

The plaintiff is contending that this was against the Constitution as Article 42 (4) and (5) of the Federal Constitution stated that the power of pardon by the Agong must be upon the advice of the Pardons Board.

The plaintiff claims that it was impossible for a valid Pardons Board to be able to convene properly in two days after a new Government was formed.

Khairul Azam is seeking a declaration that the Pardons Board was not formed legally, therefore its advice to pardon the second defendant, Anwar, was illegal and invalid from the beginning.

He also sought a declaration that the pardon bestowed on Anwar was illegal and invalid.

As an alternative to the first and second declarations, Khairul Azam sought a declaration that a royal pardon would only be limited to the sentence and does not affect or annul the conviction by the Federal Court against Anwar.

In a brief media statement, Khairul Azam said he was questioning the composition of the Pardons Board, which he claimed was formed illegally and did not satisfy the legal requirements under the Federal Constitution.

https://www.thestar.com.my/news/nation/2020/02/26/pardon-me-lawyer-sues-ft-pardons-board-over-anwar039s-pardon