JUDGMENT

Alice Loke Yee Ching J:

Introduction

[1] The proceedings before me raise the question whether a supplementary order to a pardon order made under art 42 of the Federal Constitution is valid and can be given effect to.

[2] The answer to the question will determine the relief sought in this judicial review proceedings, which is to compel the Respondents to execute and act on the terms of the supplementary order.

Key Background Facts

[3] This Judicial Review application is premised on the following events:

(i) On 28 July 2020 the Applicant was convicted by the Kuala Lumpur High Court punished with imprisonment for a term of 12 years and a fine of RM210 million in what has come to be known as the SRC Case;

(ii) The Applicant appealed to the Court of Appeal but on 8 December 2021 his appeal was dismissed. The conviction and sentence of the High Court was upheld;

(iii) The Applicant's appeal to the Federal Court was also dismissed on 23 August 2022;

(iv) Consequent upon the decision of the Federal Court, the Applicant was brought to the Kajang Prison to serve the term of 12 years imprisonment;

(v) Thereafter the Applicant, through his solicitors Messrs. Shafee & Co, filed several petitions for a complete and/or full pardon in relation to his conviction and sentence in the SRC Case, pursuant to art 42 of the Federal Constitution;

(vi) On 8 December 2023, the 60th Pardons Board Meeting for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya, under the purview of the Minister (Law and Institutional Reform) in the Prime Minister's Department and the Director General of the Legal Affairs Division was held. It was presided by His Majesty Seri Paduka Baginda Yang di-Pertuan Agong XVI ("the YdPA"). However, the Applicant's petition for pardon was directed to be presented at the 61st Pardons Board Meeting;