Does Najib remain Pekan MP pending Federal Court review?

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Najib Remains Pekan MP Pending Federal Court Review and Pardon Petition

Najib Razak continues to hold the position of Member of Parliament for Pekan until the conclusion of his motion for review in the Federal Court or his petition for a pardon. This ruling was made by Dewan Rakyat Speaker Azhar Azizan Harun, a stance that was contested by Pasir Gudang MP Hassan Abdul Karim. However, legal arguments, referencing Article 48(1) of the Federal Constitution, suggest that Hassan's contention regarding automatic disqualification does not hold water when the relevant constitutional provisions are read in conjunction.
Constitutional Disqualification Provisions

Article 48(1)(e) of the Federal Constitution outlines conditions under which a Member of Parliament is disqualified. Specifically, it states that disqualification occurs if an MP is convicted of an offence and sentenced to imprisonment for a term of not less than one year or fined not less than two thousand ringgit, and has not received a free pardon. This clause, however, is subject to the other provisions within Article 48.
Harmonious Interpretation of the Constitution

Legal interpretation emphasizes that constitutional provisions must be read harmoniously, rather than in isolation. The argument presented is that Article 48(1)(e) cannot be interpreted solely on its own to automatically disqualify an MP. Instead, it must be considered alongside other related clauses within Article 48, which allows for a more nuanced understanding of disqualification criteria and the process of review or pardon.
Precedent for Constitutional Interpretation

This principle of harmonious interpretation is not unique to Article 48. It is also exemplified in the reading of Article 8 concerning equality. For instance, while Article 8 prohibits discrimination based on grounds such as religion, race, descent, place of birth, or gender, it also includes the caveat "Except as expressly authorised by this Constitution." This signifies that the Constitution itself can permit certain forms of discrimination, provided they are explicitly sanctioned within its framework.
The Role of Review and Pardon

The ongoing legal processes, including a motion for review in the Federal Court and a potential petition for a pardon, are integral to the constitutional framework governing an MP's status. These mechanisms provide avenues for challenging convictions and sentences, and their disposal or outcome is critical in determining the final status of disqualification, as indicated by the Speaker's ruling.

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Does Najib remain Pekan MP pending Federal Court review?

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