PETALING JAYA: Datuk Seri Najib Razak (pic) will remain Pekan MP until his appeal petition is finalised, says Tan Sri Azhar Azizan Harun.
The Dewan Rakyat Speaker said he had received the submission of several documents on the matter.
“I have received a copy of the pardon application under Article 42 of the Federal Constitution, for Datuk Seri Najib Razak, who is the Pekan MP, dated Sept 1; a copy of a letter from Messrs Shafee & Co dated Sept 1 which attached the pardon application accepted by the Prime Minister’s Department, Legal Affairs Division’s director-general on Sept 2; and a copy of each sealed Criminal Order for the appeal case in the Federal Court dated Aug 23,” he said in a statement on Monday (Sept 5).
“In this case, a conviction order and the sentence of the High Court which was upheld by the Court of Appeal and the Federal Court against Datuk Seri Najib Razak is confirmed.”
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Azhar added that according to Article 48(1)(e) of the Federal Constitution, any MP convicted of an offence by a federal court and sentenced to imprisonment for not less than one year or fined not less than RM2,000 will be disqualified as an MP.
Najib was sentenced to 12 years’ imprisonment and fined RM210mil in the SRC International Sdn Bhd case.
“The validity of Article 48(1)(e) of the Constitution is subject to the provisions of Article 48(4) PP and Article 53(2) PP.
“In this regard, Article 48(4)(c) provides that if a pardon petition is filed by the MP concerned within 14 days from the date the appeal is decided, the disqualification of the MP will only take effect once the pardon petition is settled (if the petition is rejected).
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“Therefore, considering that the pardon petition was filed under Article 42 on Sept 2, which is within 14 days from the date of the Federal Court’s decision, his disqualification (as MP) will only commence once the pardon petition is settled (in case the petition is rejected).
“This means that his status as Pekan MP has not changed at this time, and will only be finalised when the appeal petition is settled,” he said.