“As is known, it is subject to legal interpretation but what’s more important is that the Pardons Board has not met; so of course our decision is also delayed... the Home Ministry which oversees prison affairs could only make a decision on the position of a member of Parliament in accordance with the legal interpretation..." - Home Minister, Datuk Seri Dr Ahmad Zahid Hamidi
Is it too difficult to understand?
Anwar Ibrahim, his family, his supporters and sympathizers must accept the fact that it may take some time before his pardon petition is finalised (if he is lucky).
So, stop making unscrupulous remarks that the government is resorting to 'delaying tactics' or Zahid has the power to tell Prison Department not to cooperate.
There are procedures to abide. Unless Pakatan Rakyat can go tell the King to pardon Anwar without having the Pardons Board evaluating his case! Everything is up to the Board now.
Anwar Ibrahim, his family, his supporters and sympathizers must accept the fact that it may take some time before his pardon petition is finalised (if he is lucky).
So, stop making unscrupulous remarks that the government is resorting to 'delaying tactics' or Zahid has the power to tell Prison Department not to cooperate.
There are procedures to abide. Unless Pakatan Rakyat can go tell the King to pardon Anwar without having the Pardons Board evaluating his case! Everything is up to the Board now.
The status of Datuk Seri Anwar Ibrahim’s application to attend the Dewan Rakyat sitting will only be known after the Yang di-Pertuan Agong makes a decision on the pardon petition filed by the opposition leader’s family.
Home Affairs Minister Datuk Seri Dr Ahmad Zahid Hamidi said he had received a letter from Anwar’s lawyer S. Sivarasa on the matter and referred it to the Attorney-General and Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia.
He was responding to reporters when asked about the status of Anwar’s application, who is also the MP for Permatang Pauh, to attend the Parliamentary session which begins on March 9.
On Feb 24, Anwar’s wife, Datin Seri Dr Wan Azizah Wan Ismail, and two of their children, Nurul Izzah and Nurul Nuha, filed a petition for pardon to the Yang di-Pertuan Agong, Tuanku Abdul Halim Mu’adzam Shah.
However, I agree with what former MP Zulkifli Nordin said about Anwar (Malaysians should agree too) - that the PKR de facto leader’s status as a convict was sealed simply because the processes involving prosecution, legality and judiciary was completed and became absolute when the Federal Court upheld the guilty verdict for sodomy on Feb 10.
“Although the application for the royal pardon process is said to have started on Feb 24, this does not invalidate his status as a convict. And since he has not been disqualified as an MP due to the ongoing appeal, he is a MP behind bars.”
He also pointed that Article 48 of the Federal Constitution only discusses on the disqualification of a Member of Parliament and not about the right to attend the Dewan Rakyat sittings.Article 48 (1) (e) subsection (c), the former Perkasa deputy president explained, clearly stated that unless one does not get a royal pardon, among other terms, they could be disqualified as an MP.“Since PKR president Datuk Seri Dr Wan Azizah Wan Ismail has filed a royal pardon petition, subject to approval that is the only thing that is preventing Anwar from disqualified as an MP.”
Zulkifli said among other reasons include under Article 42 of the Federal Constitution whereby “the powers of pardon and delay for all forms of punishment is under the sole discretion of the Yang Di-Pertuan Agong” meant that it is related to only the punishment and not the offence itself.
“This is because the power and jurisdiction in convicting a person with a criminal offence is under the power of the courts as mentioned in Section 9 of the Federal Constitution.
“Therefore whether Anwar is pardoned or not, his position as a person who has been convicted of sodomy remains, and this has nothing to do with the appeal process.”