THE Kuala Lumpur High Court today dismissed applications by Putrajaya and Anwar Ibrahim to strike out a legal challenge against the royal pardon granted to the opposition leader by the Agong over his sodomy case.
In his ruling, judge Akhtar Tahir said the case is not clear cut to be dismissed summarily.
On February 26, lawyer Mohd Khairul Azam Abdul Aziz filed the challenge to overturn the royal pardon granted to Anwar over his sodomy case in 2018.
On June 2, Anwar filed the striking-out application.
According to claim, Khairul said on February 10, 2015, the Federal Court upheld the conviction and five-year imprisonment imposed by the Court of Appeal against Anwar for sodomising his former personal aide, Mohd Saiful Bukhari Azlan.
However, Khairul said on May 9, 2018, after the 14th general election and the formation of a new government, several wrongful and unconstitutional actions were taken to obtain a pardon for Anwar and get him released from prison.
Two days after the formation of the new Pakatan Harapan government, then prime minister Dr Mahathir Mohamad, at a media conference on May 11, 2018, said the king had consented to a full pardon for Anwar, said Khairul.
The pardon contravenes Articles 42 (4) and (5) of the federal constitution in view of the fact that pardons granted by the king should be with the advice of the Pardons Board, which had not been formally convened, said Khairul. – September 21, 2020.
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