COMMENT | The Malaysian Bar refers to the petition for a royal pardon filed on Sept 2 by former prime minister Najib Abdul Razak for his conviction on misappropriating RM42 million from SRC International - for which the Federal Court on Aug 23 upheld his sentence of 12 years’ imprisonment and a RM210 million fine.

There is much misinformation out there relating to a royal pardon in Malaysia and the Malaysian Bar recognises that this is of public interest under the current climate.

The power to grant pardons by the Yang di-Pertuan Agong is encapsulated in Article 42(1) of the Federal Constitution, which stipulates that “The Yang di-Pertuan Agong has power to grant pardons, reprieves, and respites in respect of all offences which have been tried by court-martial and all offences committed in the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya; and the ruler or Yang di-Pertua Negeri of a state has power to grant pardons, reprieves, and respites in respect of all other offences committed in his state”.

All individuals found guilty and sentenced, are entitled to seek a royal pardon, but...