Also dismissed was his suit over right to vote
KUALA LUMPUR — July 15, 2016: A High Court today denied leave for Datuk Seri Anwar Ibrahim and his family to commence a judicial review application to quash the Pardons Board’s dismissal of his petition for a royal pardon over his sodomy conviction.
Judge Datuk Nor Bee Ariffin, who made the ruling in chambers, also rejected Anwar’s application to refer a question of law to the Federal Court over the process taken in the board’s decision.
Anwar’s counsel N. Surendran told reporters the judge made the decision after allowing a preliminary objection raised by the three respondents, namely the board, the Attorney-General and the Malaysian government, against the
On June 24 last year, the former opposition leader, his wife Datuk Seri Dr. Wan Azizah Wan Ismail and daughters Nurul Izzah and Nurul Nuha filed the application against the three.
They sought an order to quash the decision of the board on March 16, 2015, and to compel it to advise the Yang di-Pertuan Agong to pardon and release Anwar, 69.
They also sought a mandamus order to compel the board to re-convene a meeting and to consider all materials relating to the petition for a royal pardon submitted by Anwar’s family and to give appropriate advice to the king.
Anwar, in his affidavit to support the application, claimed that the decision by the board was arrived at in breach of the rules of natural justice and was therefore void.
He claimed that the decision was also tainted and vitiated as the AG then was an interested person with a long-standing animus against him.
Anwar is serving a five-year jail term at the Sungai Buloh prison after the Federal Court on Feb 10, 2015, upheld his conviction and sentence for sodomising his former aide Mohd. Saiful Bukhari Azlan in 2008.
Nor Bee also dismissed a suit by Anwar over his right to vote in the Permatang Pauh parliamentary by-election on May 7 last year, and ruled that the Election Commission had never denied him the right.
Senior Federal Counsel Datuk Amarjeet Singh said the judge held that Anwar had to apply to the Prisons director-general to allow him to go to his polling station and exercise his right to vote.
“Since he is a prisoner, the EC has no jurisdiction over prisoners. The law in this country is that to exercise your vote is voluntary. The person who wants to vote must go to a polling station himself and ask for the ballot paper,” he
The court dismissed with RM5,000 costs Anwar’s originating summons against the EC and two others for allegedly barring him from casting his vote.
Surendran said this ruling means that prisoners who had registered as voters before conviction could exercise their
right to vote. — Bernama