Justice Ahmad Kamal Shahid said the subject matter of the Bar’s proposed judicial review application was non-justiciable.

“I am of the view that the decision of the Yang di-Pertuan Agong and the advice of the FTPB are all part and parcel of one process that culminated with the pardon of the king. Consequently, it is not a matter that is suitable and appropriate to be reviewed by this court,” he said.

Ahmad Kamal ruled that the prerogative of mercy, pursuant to Article 42 of the Federal Constitution, involved a direct exercise of the king’s personal discretion.

It was not a power held or delegated to the FTPB, he said.

“This court considers that the prerogative of mercy under Article 42 of the constitution is not susceptible to judicial review,” he said, ordering each party to bear its own costs.

He said the Bar was, in essence, seeking to split the decision of the king from the advice from the board.

“I am of the view that the applicant’s (Bar) attempt to differentiate between challenging the advice of the FTPB and the actual decision of the king is flawed. It is non-challengeable,” he said.

The Bar filed its application in the High Court on April 26, naming the FTPB and Najib as respondents.

It sought declarations that the FTFB’s Jan 29 decision halving Najib’s prison sentence to six years and reducing his fine to RM50 million was illegal, unconstitutional and invalid.

Najib, 70, has been serving his sentence in Kajang prison since Aug 23, 2022, after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.

He filed a petition for a royal pardon on Sept 2, 2022, resulting in the board reducing his prison sentence and fine.

Lawyers Zainur Zakaria and Yeo Yang Poh appeared for the Bar, while Shafee Abdullah, Farhan Shafee and Wan Arpan Wan Othman represented Najib. Senior federal counsel Ahmad Hanir Hambaly acted for the attorney-general.

Zainur told reporters he would seek instruction from the Bar Council whether to file an appeal.