What legal grounds is the Malaysian Bar using to challenge the Pardons Board?

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The Malaysian Bar is challenging the Pardons Board on claims of illegality and constitutional invalidity

The Malaysian Bar is taking legal action to challenge the Pardons Board’s January 29, 2024 decision in the SRC International case, arguing that it is illegal, unconstitutional, and void. It is seeking court declarations that both the reduction of Najib Razak’s prison sentence and the reduction of his fine fall into that same category of invalidity. The matter is being heard following an earlier High Court dismissal of the Bar’s leave application in November 2024.
The Bar seeks declarations that the decision is illegal, unconstitutional and void
In its bid to challenge the Pardons Board, the Malaysian Bar asked the Court to issue declarations that the January 29, 2024 decision is illegal, unconstitutional and void. The specific parts it targets are the halving of Najib’s prison term from 12 years to six years and the reduction of his fine from RM210 million to RM50 million. The Bar also challenged the legal effect of the decision on Najib’s early release timing, which was set for August 23, 2028, or August 23, 2029 if the fine is not settled.
The challenge focuses on the Board’s decision made after Najib’s pardon petition
The legal dispute centres on what the Pardons Board did after Najib filed a petition for a royal pardon on September 2, 2022. That petition led to the Pardons Board halving the prison sentence and reducing the fine, and it included a condition that failure to settle the fine would extend the prison term by one year. The Malaysian Bar’s application filed on April 26, 2024 therefore framed the January 29, 2024 decision as legally defective in its entirety.
The High Court previously dismissed the Bar’s leave application in November 2024
The procedural history shows that the Malaysian Bar’s attempt to start judicial review was rejected at the High Court stage. In November 2024, the High Court dismissed the Bar’s application for leave to commence judicial review proceedings to quash the Pardons Board’s decision. The latest Court of Appeal proceedings relate to the Bar’s continued challenge, with a hearing scheduled for July 31.
The exact constitutional and legal provisions are not set out in the available coverage
While the Malaysian Bar’s application clearly states the grounds it is invoking—illegality, unconstitutionality, and voidness—the specific legal arguments, constitutional provisions, or legal precedents used to support those claims are not described in the provided account. The coverage identifies the decision date and the changes made to Najib’s sentence and fine, but it does not spell out which constitutional articles or legal statutes the Bar says were violated.

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What legal grounds is the Malaysian Bar using to challenge the Pardons Board?

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