PKR president Datuk Seri Anwar Ibrahim failed in his bid to strike out an originating summons filed by lawyer Mohd Khairul Azam Abdul Aziz over the full pardon granted to him over his conviction and imprisonment for sodomising an aide.
High Court Judge Datuk Akhtar Tahir has also dismissed a similar application by the Pardons Board.
In dismissing the applications, Justice Akhtar ruled that the plaintiff (Mohd Khairul Azam) has locus standi in initiating the legal suit as he a member of the public and qualified lawyer, as well as there are triable issues that need to be heard in full.
He also held that the Yang di-Pertuan Agong had exercised executive power when granting the pardon to Anwar.
“If he exercised executive power, how can it (the matter) not be justiciable. It’s not a royal pardon. It’s an executive pardon because he is taking the role of the executive. So, if he is exercising executive power, then there are procedures and laws when you can question the executive power,” he said. — Bernama