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OPINION | PMX said YDP Agong has full discretion to decide on pardon but what was the recommendation of the board?
Opinion
26 Sep 2026 • 8:00 AM MYT
26 Sep 2026 • 8:00 AM MYT
South China Morning Post https://www.scmp.com/week-asia/politics/article/3363636/malaysias-anwar-slams-political-drama-after-opposition-walks-out-tabung-haji-debate
Dear PMX,
The ordinary rakyat are fully aware that the royal pardon process in Malaysia is governed by Article 42 of the Federal Constitution and the Prisons Regulations 2000, requiring all applications to go through a specialized Pardons Board.
Who Sits on the Board?Federal Territories: Chaired by the Yang di-Pertuan Agong, it includes the Attorney General (or representative), the Minister responsible for the Federal Territories, and up to three other appointed members.
How the Process Works
The ordinary rakyat are fully aware that the royal pardon process in Malaysia is governed by Article 42 of the Federal Constitution and the Prisons Regulations 2000, requiring all applications to go through a specialized Pardons Board.
Who Sits on the Board?Federal Territories: Chaired by the Yang di-Pertuan Agong, it includes the Attorney General (or representative), the Minister responsible for the Federal Territories, and up to three other appointed members.
How the Process Works
- Filing a Petition: A prisoner, their family, legal counsel, or the Prisons Department can submit a petition for clemency. This is typically done after exhausting all regular court appeals.
- Timeline for Submission: Under Regulation 113 of the Prisons Regulations 2000, the first petition can be sent soon after conviction. Subsequent petitions may be filed after three years, and then at two-year intervals.
- AG's Written Opinion: Before meeting, the Attorney General must prepare a written legal opinion for the board to consider.
- Board Review: The Pardons Board meets under the chairmanship of the King or State Ruler to review the case files, prison behavior reports, and medical or court documents.
- Royal Decision: The board tenders its advice, but the ultimate prerogative to pardon, commute, or suspend the sentence rests with the Yang di-Pertuan Agong or State Ruler.
The above is very clear.
Yes, YDP Agong has full discretion to decide on pardon.
The ordinary rakyat wants and needs to know the advice i.e recommendation that was tendered by the Board to the Chairman i.e the Yang Di Pertuan Agong.
PMX said the Board just gave their advice.
Minister in the Prime Minister's Department (Federal Territories) who is a member of the Pardons Board said she shared her honest views and her comments were given honestly, guided by her conscience, and focused on the best interests of the country.
If you as a politician have something to say, just say it.
If you have certain convictions and believe in them, just come out in the open and stand by your convictions.
Why beat around the bush?
You are the Prime Minister and another is the Minister in the Prime Minister's Department (Federal Territories) who is a member of the Pardons Board.
Was the advice like an (a), (b), (c), (d) or (e) and the Board left it to the Chairman ie YDP Agong to select one?
Or the Minister in the Prime Minister's Department (Federal Territories) who is a member of the Pardons Board said it is up to you, the Chairman, to choose (a), (b), (c), (d) or (e)
The ordinary rakyat needs a `real answer’ not a floating answer that leaves the ordinary rakyat to visualise.
***
OSA shields Pardons Board minutes, expert warns against public disclosure
By Zanariah Abd Mutalib
September 20, 2026 @ 6:20pm
Nik Ahmad Kamal says disclosure could affect the institution of the Yang di-Pertuan Agong and hinder candid discussions by Board members. NSTP/FILE PIC
KUALA LUMPUR: Matters discussed by the Pardons Board, including its meeting minutes, are subject to the Official Secrets Act (OSA) 1972 and cannot be disclosed publicly while classified, constitutional expert Prof Dr Nik Ahmad Kamal Nik Mahmood said.
He said documents or information classified under the OSA could be declassified if there was a need for them to be presented in court or in connection with a police investigation.
He cited the Addendum Order involving former prime minister Datuk Seri Najib Razak, which was previously brought before the court, as an example.
Nik Ahmad Kamal said there could be several negative implications if information from Pardons Board meetings was disclosed.
He said such disclosure could trigger controversy and affect the institution of the Yang di-Pertuan Agong, while also restricting Board members from discussing applications candidly.
"To the best of my knowledge, discussions within the Pardons Board have never been made public, let alone its meeting minutes.
"Both the facts and the minutes are subject to the OSA. Therefore, on this basis, disclosure will not take place.
"However, the power lies with the Minister, as provided for under Section 2C of the OSA. It is up to the Minister and the government to decide," he said when contacted today.
Yesterday, Wanita DAP called on the government to disclose the official minutes of the Pardons Board meeting concerning the conditional pardon granted to Najib, which was decided last Friday.
Its chief, Teo Nie Ching, said such a significant decision could not have been made arbitrarily and called for full transparency over the process.
Section 2C of the OSA provides for the reclassification or declassification of official secrets by a Minister or public officer.
This includes a Minister responsible for a ministry, a public officer entrusted with duties relating to the ministry, department or relevant public service, as well as a Menteri Besar or Chief Minister of a state and the chief officer or head of administration responsible for state affairs.
Under the provision, a document, information or material previously classified as an official secret — whether Top Secret, Secret, Confidential or Restricted — may have its classification changed so that it is no longer considered an official secret and can be made public.
Nik Ahmad Kamal, who is also Governance, Legal and Management Cluster head at the National Council of Professors (MPN), said the prerogative powers of the Yang di-Pertuan Agong, Sultan, Raja and Yang di-Pertuan Negeri in matters concerning pardons were clear.
He said disclosure could undermine the uniqueness of those prerogative powers in the country's system of governance.
"Every secret or confidential matter under the OSA can be disclosed in accordance with the provisions of the Act. There is a lifespan for some secrets, but certain information will not be disclosed because of national security and related factors.
"Can the case involving Datuk Seri Najib be treated as an exception? I do not think so because, as with previous pardon cases, there is no reason for it to be disclosed.
"Arguments such as transparency are difficult to use as a basis for disclosure in the context of the OSA," he said.
Last Friday, Yang di-Pertuan Agong Sultan Ibrahim consented to a conditional pardon for Najib, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, if he paid a RM50 million fine.
The Legal Affairs Division of the Prime Minister's Department (BHEUU) said in a statement that the decision was made following the consent of Sultan Ibrahim, who chaired the Federal Territories Pardons Board meeting on the same day.
BHEUU said Najib must comply with the conditions imposed and that if he failed to comply with any of them, the conditional pardon would be revoked and he would have to immediately continue
KUALA LUMPUR: Matters discussed by the Pardons Board, including its meeting minutes, are subject to the Official Secrets Act (OSA) 1972 and cannot be disclosed publicly while classified, constitutional expert Prof Dr Nik Ahmad Kamal Nik Mahmood said.
He said documents or information classified under the OSA could be declassified if there was a need for them to be presented in court or in connection with a police investigation.
He cited the Addendum Order involving former prime minister Datuk Seri Najib Razak, which was previously brought before the court, as an example.
Nik Ahmad Kamal said there could be several negative implications if information from Pardons Board meetings was disclosed.
He said such disclosure could trigger controversy and affect the institution of the Yang di-Pertuan Agong, while also restricting Board members from discussing applications candidly.
"To the best of my knowledge, discussions within the Pardons Board have never been made public, let alone its meeting minutes.
"Both the facts and the minutes are subject to the OSA. Therefore, on this basis, disclosure will not take place.
"However, the power lies with the Minister, as provided for under Section 2C of the OSA. It is up to the Minister and the government to decide," he said when contacted today.
Yesterday, Wanita DAP called on the government to disclose the official minutes of the Pardons Board meeting concerning the conditional pardon granted to Najib, which was decided last Friday.
Its chief, Teo Nie Ching, said such a significant decision could not have been made arbitrarily and called for full transparency over the process.
Section 2C of the OSA provides for the reclassification or declassification of official secrets by a Minister or public officer.
This includes a Minister responsible for a ministry, a public officer entrusted with duties relating to the ministry, department or relevant public service, as well as a Menteri Besar or Chief Minister of a state and the chief officer or head of administration responsible for state affairs.
Under the provision, a document, information or material previously classified as an official secret — whether Top Secret, Secret, Confidential or Restricted — may have its classification changed so that it is no longer considered an official secret and can be made public.
Nik Ahmad Kamal, who is also Governance, Legal and Management Cluster head at the National Council of Professors (MPN), said the prerogative powers of the Yang di-Pertuan Agong, Sultan, Raja and Yang di-Pertuan Negeri in matters concerning pardons were clear.
He said disclosure could undermine the uniqueness of those prerogative powers in the country's system of governance.
"Every secret or confidential matter under the OSA can be disclosed in accordance with the provisions of the Act. There is a lifespan for some secrets, but certain information will not be disclosed because of national security and related factors.
"Can the case involving Datuk Seri Najib be treated as an exception? I do not think so because, as with previous pardon cases, there is no reason for it to be disclosed.
"Arguments such as transparency are difficult to use as a basis for disclosure in the context of the OSA," he said.
Last Friday, Yang di-Pertuan Agong Sultan Ibrahim consented to a conditional pardon for Najib, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, if he paid a RM50 million fine.
The Legal Affairs Division of the Prime Minister's Department (BHEUU) said in a statement that the decision was made following the consent of Sultan Ibrahim, who chaired the Federal Territories Pardons Board meeting on the same day.
BHEUU said Najib must comply with the conditions imposed and that if he failed to comply with any of them, the conditional pardon would be revoked and he would have to immediately continue
serving the remainder of his sentence in prison.
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