Anwar’s Pardon: Did Mahathir Usurp The Powers Of The Judiciary?
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Title : Anwar’s Pardon: Did Mahathir Usurp The Powers Of The Judiciary?
Category : Malaysians
The judge said the question arose whether the executive could encroach into the power of the judiciary by setting aside the conviction of an accused after the full process of the law.(FMT) – The High Court has held that the granting of pardon to convicts in Malaysia is not the exclusive right of the Yang di-Pertuan Agong but an exercise of executive power by the monarch on advice.Judge Akhtar Tahir said this principle was recognised in the Supreme Court case of Superintendent of Pudu Prison vs Sim Kie Chon (1986).“However, in the same case, the ruling that the granting of pardon is a ‘royal prerogative of mercy’ is erroneous,” Akhtar said in a written judgment.Last month, the judge refused an application by the government and Anwar Ibrahim to strike out a lawsuit filed against them by lawyer Mohd Khairul Azam Abdul Aziz over Anwar’s pardon in 2018.In his 16-page judgment, Akht…
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