KUALA LUMPUR, Aug 14 — The Attorney-General’s Chambers (AGC) said there is no issue of Datuk Seri Anwar Ibrahim being disqualified as an MP and Prime Minister.
This was because the royal pardon granted by the 15th Yang di-Pertuan Agong Sultan Muhammad V stated that Anwar had been fully pardoned and regarded as a person who had never committed any offence.
“Any challenge to the election of an MP should be through an election petition, as provided for under Article 118 of the Federal Constitution, and must be filed within the time frame set out under Section 38 of the Election Offences Act 1954,” it said in a statement today.
The AGC was responding to a suit filed by former Minister in the Prime Minister’s Department Waytha Moorthy Ponnusamy, who is seeking to nullify Anwar's election as Tambun MP and his appointment as Prime Minister.
It said Waytha's action was based on the argument that the pardon granted to Anwar did not include the annulment of his disqualification under Article 48(1)(e) of the Federal Constitution.
“The AGC respects the right of any individual to file an action in court. In this matter, the Court of Appeal, in the case of Datuk Seri Anwar Ibrahim v Mohd Khairul Azam Abdul Aziz [2023] 2 MLJ 545, decided that the sovereign has the power to grant a pardon in respect of a conviction and sentence,” the AGC said.
On Tuesday (August 12), Waytha filed an originating summons in the High Court, seeking a declaration that Anwar’s appointment as Prime Minister on November 24, 2022, was unconstitutional, null and void.
He is also seeking a declaration that Anwar’s election as Tambun MP in the 15th general election was also unconstitutional, null, and void.
