THERE should not be any controversy attached to the issue of a mysterious addendum from the previous Yang di - Pertuan Agong which allegedly decrees that former premier Datuk Seri Najib Tun Razak be placed under house arrest.
Veteran lawyer S. Raveentharan said that firstly an addendum should be tabled in the national pardons board for deliberations.
"It is only through the pardons board that all clemency can be accorded with the blessings of the King."
Secondly, Raveentharan echoed several of his peers in saying that there is no legal provision for a house arrest in the constitution.
There need to be amendments and new laws tabled if the house arrest can be seen as legally permissible, said the former PKR deputy secretary-general.
Stressing that he is not driven by politics but purely from the legal standpoint, the alleged royal addendum, which translates to an addition to an existing ruling, would be seen as legal if it was tabled at the pardons hearing, said Raveentharan.
"Right now, it is finger pointing and made worse with the unduly intervention by political interest groups and individuals who want to politicise the issue."
According to him, the political parties or individuals should stay clear as it is a matter of legal process; if there is excess interference, it can be regarded as sub-judice.
This is because leave was already granted to Najib's side to file an appeal, said Raveentharan.
He cited provisions such as Article 40(1A) defining that it is the collective decision of the pardons board, but the King has the authority to make his decree on the matter.
"But it must still be discussed within the pardon's confinement, not out in the open or a court."
Raveentharan said that political parties should stay clear of the issue, as it is best left to the courts to decide, adding that Najib's case is now in the court of law, and has nothing to do with politics.
"Our former premier has fought on his innocence, but he was under trial and found guilty. He should exhaust all avenues to fight for justice if he feels he was wronged."
But politicising pardons and legal cases are not considered to serve justice best, said Raveentharan.
He said the Council of Rulers should meet and offer the best decree and advice on the matter since it governs the role of the royalty. - January 10, 2025.
