The Supremacy of the Constitution and the Rule of Law are not merely principles enshrined in the Rukun Negara – they are the foundation of our parliamentary democracy, which guarantees stability and justice in the governance of the nation.
However, serious questions arise when Dato Anwar, who was previously convicted of a criminal offence and subsequently received a pardon under Article 42 of the Constitution for his crimes, is believed to have misled Members of Parliament from Barisan Nasional and His Majesty the Yang di-Pertuan Agong at the time into believing that he was eligible to contest as a candidate on 19th November 2022 and thereafter be appointed as Prime Minister on the 24th November 2022.
Article 48 of the Constitution is a separate provision specifically drafted to bar a convicted individual from contesting in elections for five years from the date of his release, unless he obtains a "free pardon" from the Yang di-Pertuan Agong. A "full" pardon granted under Article 42 is significantly different from a free pardon under Article 48.
So the question is: why should Dato Anwar be allowed to lead this beloved country through deceit, especially by allegedly misleading His Majesty the Agong about his eligibility?
Therefore, there is no reason why questioning Dato Anwar’s pardon should be seen as questioning the wisdom of His Majesty the Agong. In my view, Dato Anwar has misled and deceived the people of Malaysia regarding a pardon which was not obtained under Article 48. Questioning this fact is an act of defending the Constitution and the Royal Institution.
I have brought this matter to court as a Malaysian citizen in order to uphold the principle of the rule of law. However, the judicial process is lengthy and technical. If a decision is only made after the Prime Minister’s term ends, it risks being seen as purely academic.
Even more concerning is that many Members of Parliament are now afraid to speak out for fear of being accused of challenging His Majesty’s wisdom in granting the pardon.
In Malaysia, issues related to the Royal Institution are easily exploited for political purposes. Those in power tend to use enforcement agencies and the media to instill fear and create negative perceptions towards those questioning the process of appointing the Prime Minister.
As citizens, we must rise and defend the Constitution – not just in words, but in implementation. Until today, the official pardon document for Dato Anwar has never been disclosed to the public.
The people have a right to know whether the pardon that was applied for also included an exemption from disqualification to contest, as provided under Article 48 of the Federal Constitution.
No one is questioning His Majesty’s power and wisdom in granting the pardon under Article 42 to Dato Anwar in May 2018.
However, this pardon should not be manipulated by Dato Anwar as being equal to a restoration of political eligibility, unless it is explicitly stated by His Majesty the Agong. Thus, any attempt to equate Articles 42 and 48 is a dangerous form of legal manipulation.
Malaysians must reject leadership that is founded on lies and deception towards the country’s highest institutions. This nation cannot continue to be governed based on narrow interpretations that distort the true spirit of the Constitution.
I call upon all Malaysians who love truth and this country to rise, speak up, and defend the Federal Constitution.