Waytha Moorthy's legal bid to disqualify Anwar as PM and MP is baseless, AGC says, citing full royal pardon

Malay Mail

2 days ago

KUALA LUMPUR, Aug 14 — Datuk Seri Anwar Ibrahim would not be at risk of being disqualified as the prime minister or as Tambun MP, as he had previously received a full royal pardon, the Attorney General's Chambers (AGC) indicated today.
On Tuesday, non-governmental organisation Hindraf's chairman P. Waytha Moorthy filed a lawsuit, seeking a court order to immediately stop Anwar from being both Tambun MP and the prime minister.
Commenting on Waytha Moorthy's lawsuit, AGC today said it respects the rights of any individuals to file legal action in court, but said Anwar would not be disqualified from holding both positions.
The AGC said the then 15th Yang di-Pertuan Agong's (YDPA) pardon order in 2018 had stated that Anwar has been given a full pardon and is considered as someone who has never committed any offences.
'Therefore, the issue of Datuk Seri Anwar losing his qualification as Member of Parliament and as Prime Minister does not arise at all,' the AGC said in a statement today.
In Waytha Moorthy's lawsuit against Anwar in the High Court in Kuala Lumpur, he had sought four court orders.
The four court orders that Waytha Moorthy wanted are:
a declaration that the YDPA had not removed Anwar's disqualification from being an MP, under Article 48(3);
a declaration that this makes Anwar's election as Tambun MP in the 15th general election (GE15) on November 19, 2022 unconstitutional, null and void;
a declaration that this makes Anwar's appointment as prime minister on November 24, 2022 is unconstitutional, null and void;
a court order that Anwar therefore stop acting immediately as Tambun MP and prime minister.
Waytha Moorthy is a lawyer, a former Dewan Negara lawmaker and a former minister.
Waytha Moorthy's lawsuit had argued that Anwar is disqualified to be an MP under the Federal Constitution's Article 48(1)(e) as he had been convicted and sentenced to imprisonment of more than one year, and claimed that the YDPA's May 16, 2018 pardon of Anwar allegedly did not expressly say it was removing his disqualification.
Under Article 48(1)(e), a person will be disqualified from being an MP, if they had not been pardoned after being convicted and sentenced to more than one year's jail or more than RM2,000 fine. The disqualification lasts for five years and will end five years after such individuals' release from prison or five years after the fine is paid.
Under Article 48(3), the YDPA can remove such a person's disqualification from being an MP. In other words, the Agong can make such individuals qualified to be MPs.
But apart from saying that Anwar had already been fully pardoned, the AGC today also said any challenge against any MP's election should be done through an election petition which should be filed according to deadlines under the law.
The AGC cited the Federal Constitution's Article 118, which provides that challenging an MP's election should be done by filing an election petition in the High Court.
The AGC also cited the Election Offences Act 1954's Section 38, which states the time limit for when an election petition should be filed after election results have been gazetted.
This is not the first time that the AGC has clarified that Anwar had previously received a valid and full royal pardon.