KUALA LUMPUR: The Yang di-Pertuan Agong's power to refuse to pardon ex-opposition leader Datuk Seri Anwar Ibrahim over sodomy cannot be challenged in court, the High Court was told.
This was argued by senior federal counsel Suzana Atan during today's hearing of an application by Anwar and his family for leave to proceed with their legal challenge against the Pardons Board.
Confirming what she submitted during hearing in judge Datuk Nor Bee Ariffin's chambers, Suzana said the court has no jurisdiction to review the King's power under Article 42 of the Federal Constitution.
"It is the prerogative of mercy of the YDPA (Yang di-Pertuan Agong)," said Suzana.
She represented the three respondents in the matter, who are former Attorney-General Tan Sri Abdul Gani Patail, the Board and the federal government.
She added that they had also argued that the Board merely served as advisor to the King in deciding whether to pardon someone.
Lawyer N. Surendran, who acted for Anwar's family during the hearing, said the court had set May 17 for decision on the matter. Anwar represented himself.
Surendran had acted for Anwar's wife Datuk Seri Dr Wan Azizah Wan Ismail, and his daughters Nurul Izzah and Nurul Nuha.
The court had set May 17 to deliver its verdict on whether to grant leave.
On Feb 10 last year, the Federal Court upheld 68-year-old Anwar's conviction and five-year-jail term for sodomising his former aide Mohd Saiful Bukhari Azlan, 31, in 2008.
On June 24 last year, Anwar, Dr Wan Azizah, Nurul Izzah and Nurul Nuha, filed the judicial review over the dismissal of the pardons petition, earlier on March 16.
Dr Wan Azizah is Parti Keadilan Rakyat (PKR) president while Nurul Izzah is the party's vice-president.