The decision to grant Najib Razak, a symbol of grand corruption, a partial royal pardon, initiates profound ethical considerations that transcend legal boundaries. The Pardons Board’s reduction of Najib’s 12-year sentence to six years, accompanied by a 76% reduction in his RM210 million fine and a lenient additional one-year jail term for non-payment, sparks a discourse on the foundational principles of justice and fairness.

This decision, challenging to justify, invites scrutiny of the legal process’s integrity and raises concerns about the equitable treatment of individuals before the law. The perceived leniency towards Najib, despite his lack of remorse and involvement in substantial financial misconduct, challenges the core principles of justice within the legal system.

The expedited processing of Najib’s pardon application by the Pakatan Harapan-led government, including key officials like Minister Dr. Zaliha Mustafa and Attorney-General Ahmad Terrirudin Mohd Salleh from the Madani government through the Pardons Board, signifies a departure from Malaysia’s criminal justice system principles that advocate equality under the law.

Granting Najib a partial pardon not only raises questions about the government’s commitment to justice but also invites scrutiny regarding its responsibility to citizens advocating for the eradication of corruption. This shift challenges Pakatan Harapan’s credibility and introduces ambiguity into Malaysia’s political landscape.

The potential ramifications of this decision stretch far beyond the political spectrum. The possibility of Najib’s release in August 2026, contingent upon good behaviour and serving two-thirds of the revised jail term, conveniently coincides with the 16th General Election. This alignment not only raises concerns about the decision’s political impact but also underscores its potential consequences for the future governance of Malaysia.

A stark contrast is drawn with the case of a 43-year-old mother sentenced to 14 months for stealing two packets of MILO worth RM73 in a Terengganu supermarket on May 25, 2022. The Pardons Board’s failure to recommend a pardon for the struggling mother, stealing to feed her children, underscores questions of fairness and equity.

While fully acknowledging Yang di-Pertuan Agong XVI Al-Sultan Abdullah’s absolute authority, as constitutionally enshrined in Articles 42(1) and 40(3) of the Federal Constitution, to grant pardons in the Federal Territories, it is imperative to emphasize the importance of public awareness regarding the rationale behind the application and recommendations. This includes any written opinions provided by the Attorney General (Article 42(9)). This matter transcends national interest, resonating globally, as the world keenly observes this decision-making process.

This stark reality emphasizes the critical role the board plays in shaping the decision-making process. Furthermore, the decision to grant Najib a partial pardon sets a potential precedent for future cases involving prominent figures, including former Prime Ministers Tun Mahathir Mohamad, Tan Sri Muhyiddin Yassin, Dato’ Sri Ismail Sabri, and even Tun Daim Zainuddin if found guilty and sentenced to jail. This raises concerns about consistency and fairness within the justice system.

The Unity Government, spearheaded by Prime Minister Anwar Ibrahim, consciously recommended reducing Najib’s sentence, a decision that resonates through taxpayers bearing the weight of his global-scale crimes until 2039. As Pakatan Harapan grapples with this ethical quandary, citizens vehemently demand unwavering transparency and accountability. This pivotal decision, involving Najib’s partial pardon, not only shapes the government’s legacy but also profoundly influences the public’s perception of justice and fairness within Malaysia’s democratic framework. This discourse mandates an unwavering call for meticulous scrutiny of the ethical and legal dimensions at play, underscoring the urgent need for an unambiguous commitment to transparency and accountability.

Ts. Dr. Manivannan Rethinam

Chairman
Majlis Gagasan