Malaysia

Legal bid to disqualify Anwar as MP and PM deemed simply baseless

A High Court suit seeking to invalidate Anwar’s position as MP for Tambun and his appointment as Prime Minister has been dismissed as unfounded

Updated 1 year ago · Published on 14 Aug 2025 11:30AM

Legal bid to disqualify Anwar as MP and PM deemed simply baseless
Full royal pardon from the Yang di-Pertuan Agong on 16 May 2018 definitive, says Legal Expert - August 14 2025

A LEGAL challenge filed in the High Court seeking to question the eligibility of Datuk Seri Anwar Ibrahim as the Member of Parliament for Tambun and his subsequent appointment as Prime Minister has been described as baseless and without merit.

Parti Keadilan Rakyat (PKR) Legal Bureau Chairman R Sivarasa, said in a statement on Thursday that it is a matter of public record that Anwar received a full royal pardon from the Yang di-Pertuan Agong on 16 May 2018.

“His Majesty was of the view that the conviction constituted a grave miscarriage of justice,” Sivarasa noted.

He stressed that “strong legal principles establish that a full and free pardon nullifies the conviction entirely, as though the conviction and sentence had never occurred.”

Referring to Article 48(1)(e) of the Federal Constitution, Sivarasa highlighted the phrasing “and who has not received a free pardon,” explaining that a past conviction does not render a person disqualified from office if a full pardon has been granted.

“Therefore, the question of needing an additional exemption from His Majesty does not arise, as Article 48(3) is clear in its intent,” he said.

The suit was initiated by lawyer P Waythamoorthy, who filed an originating summons naming Anwar as the defendant. He sought a declaration that Anwar ought not to have been elected as Tambun MP on 19 November 2022, nor appointed as Prime Minister thereafter.

The challenge hinges on a single argument: that the royal pardon did not explicitly exempt Anwar from the five-year disqualification period imposed on individuals convicted and sentenced to over one year of imprisonment.

However, Sivarasa questioned why this matter was not raised by any of Anwar’s opponents during the 15th General Election in Tambun or by the Palace at the time of his appointment as Prime Minister on 25 November 2022.

“One must ask why it took two years and nine months for this to be brought up,” he said. “Is this move merely a bid to remain politically relevant?” - August 14 2025

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