Were two Agongs wrongly advised by two Prime Ministers?
Let us assume that both decisions by the two different Agongs can be challenged in court and the court is empowered to overturn these decisions — meaning both the declaration of the Emergency and Anwar’s pardon are overturned. That would mean the Emergency would end and Anwar will have to go back to jail to complete his sodomy sentence.
NO HOLDS BARRED
Raja Petra Kamarudin
The two cases — which can be considered as constitutional issues — being brought to court are:
1. Did Prime Minister Muhyiddin Yassin wrongly advise His Majesty Seri Paduka Baginda Yang di-Pertuan Agong to declare an Emergency?
Mahathir by-passed the correct procedures to get the Agong to grant Anwar a pardon
2. Did Prime Minister Tun Dr Mahathir Mohamad wrongly advise His Majesty Seri Paduka Baginda Yang di-Pertuan Agong to pardon Anwar Ibrahim?
READ MORE HERE: Anwar’s Appeal To Strike Out Pardon Suit To Be Heard On 18th March 2021
Malaysia’s Federal Constitution is 64 years-old but it seems the Constitution has been amended more than 64 times. I am not sure whether this is true or whether it is just an opposition spin. But for sure the Constitution has been amended so many times even if not 64 times.
READ MORE HERE: After Anwar’s Lawsuit, Pakatan Lawmakers Also Sue PM To Challenge ‘Unconstitutional’ Suspension Of Parliament, State Assemblies During Emergency
The point is: the spirit of the original Constitution is no longer there. What the drafters of the Constitution and the founders of Merdeka had intended has been lost in the greatly modified version of the 1957 Federal Constitution of Malaysia.
But this is another discussion for another day. What we want to discuss today is: is it possible for a Prime Minister to wrongly advise the Agong, and if so, can this wrong advice be challenged in court and can the Agong’s wrongly advised decision be overturned by the court?
This is a most interesting question because the outcome of one case may affect the other. Once a precedence is set, that precedence can be used for the other case(s).
Muhyiddin can dissolve Parliament and hold GE15 before the court can declare the Emergency as unconstitutional
If Muhyiddin’s advice to the Agong regarding the declaration of an Emergency can be challenged in court and the court can overturn the Agong’s decision, that means Mahathir’s advice to the Agong to grant Anwar a pardon can also be challenged in court and the court can also overturn the Agong’s decision.
Let us assume that both decisions by the two different Agongs can be challenged in court and the court is empowered to overturn these decisions — meaning both the declaration of the Emergency and Anwar’s pardon are overturned. That would mean the Emergency would end and Anwar will have to go back to jail to complete his sodomy sentence.
But then when will these court rulings happen?
Let’s say the two cases take two years to end, which means just before GE15 — say, in May 2023. However, around that time, Parliament would be dissolved anyway to make way for GE15. So, it would just be a technical issue with no real political impact. Anwar, however, will not be able to contest the general election since his pardon has been overturned and he has to go back to jail to complete his sentence.
And Anwar would not be able to contest GE16 as well. Anwar would only be able to contest GE17 in 2033 when he is 86 years-old, if he is still alive.
