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Advocates urge government to clarify Pardons Board's operations amid criticism

KUALA LUMPUR: The government's move to suppress public criticism of the Pardons Board's decision on Datuk Seri Najib Razak has sparked diverse reactions among social activists.

Human Rights Commission Malaysia (Suhakam) vice chairman Ragunath Kesavan criticised the move, deeming it counterproductive as it may give rise to rumours, false narratives, and disinformation.

Ragunath said matters related to public interest deserve an open space for a comprehensive discussion, discouraging any limitations on sharing diverse perspectives.

"There should be ample room for a healthy and transparent dialogue on any issue, including the Pardons Board's decision to reduce Najib's jail sentence and fine.

"An open and transparent discussion, whether supportive or critical, is crucial in ensuring the public is well-informed about the processes and procedures involved in a royal pardon," he said when contacted by the New Straits Times.

Rather than curbing public freedom to express opinions on matters of national interest, he said the government should seize the opportunity to elucidate the workings of the Pardons Board, considering the lack of clarity on its internal composition.

"We advocate for a robust and open discussion to help the public comprehend the intricacies of the pardon process, especially considering the royal prerogative. Such systems are prevalent in nearly every country worldwide," he said.

Earlier, Prime Minister Datuk Seri Anwar Ibrahim called for an immediate stop to all condemnation and criticism regarding the Pardons Board's decision concerning Datuk Seri Najib Razak.

The Malaysian Corruption Watch (MCW) president, Jais Abdul Karim, expressed concerns about the government's plan to halt criticism, suggesting it could raise issues related to freedom of speech and transparency in governance.

"Constructive criticism is vital in holding institutions accountable and ensuring fair and just decision-making processes, especially in a democratic society.

"Limiting criticism could undermine public trust and hinder the ability to address potential flaws or injustices in the pardon system," he said.

However, Jais acknowledged the importance of considering the context and specific circumstances surrounding the statement and the Pardons Board's decisions.

"The authority of the Yang di-Pertuan Agong regarding pardons should be respected, as it is a constitutional prerogative vested in the monarch.

"Pardons are typically granted based on various considerations, including legal principles, humanitarian grounds, and national interests," he added.

Meanwhile, constitutional experts associate Professor Datuk Dr Wan Ahmad Fauzi Wan Hussain praised Prime Minister Datuk Seri Anwar Ibrahim for advising the public to respect the board's decision.

"We must respect the decision of the Pardons Board, and what he is doing is right. The decision is confined to the SRC international case.

"The public cannot relate other charges and investigations against Najib when commenting on the decision. The decision is not part of the judicial process that ended when the Federal Court refused to allow a judicial review," he said.

The civil court has instituted the Pardons Board presided over by the Yang di-Pertuan Agong with the jurisdiction to grant pardons concerning offences committed within the Federal Territories and the corresponding penalties.

This authority is not exercised in isolation; it is carried out based on the guidance of the Pardons Board, established for this specific purpose.

The Federal Territories Pardons Board consists of Yang di-Pertuan Agong as the chairperson, the Federal Attorney General, the Minister accountable for the Federal Territory and a maximum of three additional members appointed by his majesty.

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