Haniff argued that the Federal Constitution and several precedents set by the Federal Court indicated that royal pardons can be granted by a ruler without the process of going through the pardons board.
“The validity of any royal pardon is not impacted even if they are made outside of the proceedings of the pardons board,” Haniff asserted while taking part in a forum entitled “Royal Pardon: Scope and Obstacles” this evening.
He contended that the granting of a pardon is exclusively a royal prerogative and cannot be limited by any formality or body.
Haniff’s comments come in the midst of a controversy over a claim by imprisoned former prime minister Najib Razak that he is entitled to serve the remainder of his jail term under house arrest as provided under a purported addendum to the Feb 2 pardons board decision to commute his sentence in the SRC International case.
A solidarity rally is being organised in Putrajaya on Monday in support of Najib, whose application for a judicial review will be considered by the Court of Appeal that day.
Yesterday, Istana Negara reiterated that any proposal for a prisoner in the federal territories to be granted a pardon or reduction in sentence must be submitted to the pardons board for consideration.
The palace statement came a week after the Attorney-General’s Chambers said that any proposal for prisoners in the federal territories to serve the remainder of their sentences under house arrest, including Najib, has to be submitted to the pardons board.
Haniff said that even if a law on house arrest was legislated, providing a judge with an option when it comes to sentencing, it would have no bearing on the king’s prerogative to grant pardons.
A bill that will allow house arrest as an alternative punishment for certain offences is expected to be tabled in Parliament this year.
While there are no legal provisions for prisoners to serve their jail sentences under house arrest, the Prison Act allows for a prisoner to be released on licence subject to any regulation made by the home minister.