DATO' SRI MOHD NAJIB TUN ABD RAZAK v. MENTERI DALAM NEGERI & ORS

[2024] 5 MLRH 761

DATO' SRI MOHD NAJIB TUN ABD RAZAK v. MENTERI DALAM NEGERI & ORS
High Court Malaya, Kuala Lumpur
Amarjeet Singh Serjit Singh J
[Judicial Review No: WA-25-136-04-2024]
9 July 2024

JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] The applicant is a serving prisoner who had applied for a free pardon from His Majesty the Yang Di-Pertuan Agong ("His Majesty") after exhausting his legal rights at the Federal Court. The Federal Court had affirmed the conviction and sentence meted out to the applicant. The sentence was for a term of 12 years' imprisonment and a fine totalling RM210 million.

[2] The application for pardon was made pursuant to art 42 of the Federal Constitution. A meeting of the Pardons Board was convened and was presided by His Majesty. On 2 February 2024, it was announced by way of a media statement that after considering the views and advice of the Pardons Board, His Majesty had on 29 January 2024 granted the applicant a pardon by reducing the imprisonment term to 6 years and the fine to RM50 million. The order of His Majesty was produced as an exhibit by the applicant. The applicant refers to this order as the 'Main Order'.

[3] On 1 April 2024, the applicant filed the instant application for leave to commence judicial review under O 53 of the Rules of Court 2012, principally, for the following orders which are in the nature of mandamus to compel all or any of the respondents to do the following acts:

(1) to answer and/or confirm the existence of a supplementary order to the Main Order dated the same date (ie 29 January 2024) (which the applicant refers to as the 'Addendum Order') and which order provided that the applicant was to serve the reduced term of imprisonment under house arrest (prayer 1);

(2) to provide the applicant with a copy of the Main Order and the Addendum Order dated 29 January 2024.

[4] The remaining order is a consequential order to the effect that the applicant serve the remainder of his prison sentence under house arrest at his residence in Kuala Lumpur.

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