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Applications to serve under house arrest have to be heard by Pardons Board
In response to queries, the Attorney General’s Chambers have clarified that any request for prisoners, including former prime minister Datuk Seri Najib Razak, to serve their sentences under house arrest must be submitted to the Pardons Board.
The Pardons Board is Chaired by the current Yang di-Pertuan Agong and based on Article 42 (1) of the Federal Constitution, only His Majesty has the power to grant pardons, reprieves and respites.
However, the offences would have to be committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya and Article 42 (2) states the King is allowed to remit, suspend or commute sentences for offences passed by a court.
In view of this, the Chambers have been duly commanded by His Majesty the Yang di-Pertuan Agong that any application must be submitted to the Pardons Board according to the procedures and channels prescribed by the law.
Therefore, any party who wishes to propose for a prisoner to serve their sentence under house arrest must submit their application for consideration by the Pardons Board under applicable laws and regulations.
In this regard, the decision made by the Yang di-Pertuan Agong, acting upon the advice of the Pardons Board under Article 42 is subject to existing legal provisions to ensure they cannot be challenged as invalid in a court of law.
-THE MALAYSIA VOICE
