PUTRAJAYA (Dec 27): The Federal Court on Tuesday (Dec 27) fixed Jan 10 to hear lawyer Mohd Khairul Azam Abdul Aziz's application for leave to challenge the legality of a royal pardon granted to Prime Minister Datuk Seri Anwar Ibrahim in 2018.

The date is a replacement of an earlier hearing date initially fixed for Nov 15 but which had to be deferred, as one of Anwar’s counsels contracted Covid-19.

The new hearing date was confirmed by Anwar’s counsel J Leela, when contacted by theedgemarkets.com, as case management was done before apex court deputy registrar Mazuliana Abdul Rashid.

Mohd Khairul Azam named the Federal Territory Pardons Board and Anwar as respondents in the suit.

On Sept 21 last year, a three-member Court of Appeal bench led by Datuk Has Zanah Mehat struck out the appeal by overturning the High Court’s decision on September 2020. It ruled that the decision made pursuant to an exercise of a royal prerogative of mercy cannot be varied or confirmed by the court, and as such is not justiciable.

"There is no jurisdiction to do so. Hence, we are of the view that any proceedings in the court in questioning the propriety or otherwise of such a decision (a royal pardon) is not justiciable.

"The power of [the royal] pardon is expressly preserved under Article 42 of the Federal Constitution. This power is not limited to just sentences, but also conviction," said Has Zanah, who presided over the appeal by Anwar with judges Datuk Indera Mohd Sofian Abd Razak and Datuk Lee Heng Cheong.

The appellate bench also ruled Mohd Khairul Azam as having no legal standing or right to question the clemency and the advice given to the Yang di-Pertuan Agong in granting the royal pardon.

"We are unanimous in our decision that there are merits in both the appeals, and we allow both the appeals. The decision of the High Court dated Sept 21, 2020 is thereby set aside, and the respondent's claims against both the appellants are hereby struck out," Has Zanah added.

High Court judge Datuk Akhtar Tahir on Sept 21, 2020 dismissed Anwar and the Pardons Board’s bid to strike out Mohd Khairul Azam’s suit, and ruled the lawyer as having locus standi (the legal standing) to file the challenge.

The lawyer filed the suit in February 2020, where he sought a declaration that the royal pardon bestowed on Anwar, following his sodomy conviction involving Mohd Saiful Bukhari Azlan, be declared null and void.

Mohd Khairul Azam in his statement of claim said the Federal Court on Feb 10, 2015 affirmed a conviction against Anwar pertaining to sodomy, and maintained the five-year jail sentence meted out by the Court of Appeal. Anwar went on to serve his sentence.

However, after the 14th general election in May 2018 and the new Pakatan Harapan government was formed, Mohd Khairul Azam claimed that several illegal and unconstitutional moves were taken to ensure that Anwar was pardoned and released from his sentence.