PHRUEKSA TAEMCHIM

PHRUEKSA TAEMCHIM

The Pardons Board has the exclusive prerogative to reconsider and alter the commencement date of imprisonment and such decisions are not justiciable; affected persons may pursue fresh petitions under Regulations 54 and 113 of the Prison Regulations 2000 to seek reconsideration.

Citation
05(RJ)-7-11/2024(W) (Mahkamah Persekutuan)
Parties
Respondent: Respondents; Pardons Board: Pulau Pinang Pardons Board; Applicant (pardon Petitioner): Ang Kok San
Court
RJ
Jurisdiction
Malaysia
Judgment Date
12 November 2025
Case Number
05(RJ)-7-11/2024(W) (Mahkamah Persekutuan)
Procedural Posture
Criminal Review Application / Supporting Judgment (federal Court)
Outcome
Court agreed with the draft judgment; held that Respondents may file fresh petitions under Regulations 54 and 113 of the Prison Regulations 2000 and that the Pardons Board may revisit commencement dates of imprisonment which is not justiciable.
Legal Topics
Pardons, Prison Regulations 2000, Justiciability, Commencement Date of Imprisonment, Reconsideration of Pardons Board Decisions
Source Language
Malay/English
Criminal Law Administrative Law Prison/pardons Law Pardons Prison Regulations 2000 Justiciability Commencement Date of Imprisonment Reconsideration of Pardons Board Decisions

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Parties

Respondents

Respondent

Pulau Pinang Pardons Board

Pardons Board

Ang Kok San

Applicant (pardon Petitioner)

Procedural Posture

Criminal Review Application / Supporting Judgment (federal Court)

Legal Issues

  1. 1 Whether affected persons are precluded from seeking reconsideration after this Court's decision
  2. 2 Whether the Pardons Board has the power to revisit the commencement date of imprisonment
  3. 3 Whether Pardons Board decisions on commencement date are justiciable

Ratio Decidendi

The Pardons Board has the exclusive prerogative to reconsider and alter the commencement date of imprisonment and such decisions are not justiciable; affected persons may pursue fresh petitions under Regulations 54 and 113 of the Prison Regulations 2000 to seek reconsideration.

Court Disposition

Court agreed with the draft judgment; held that Respondents may file fresh petitions under Regulations 54 and 113 of the Prison Regulations 2000 and that the Pardons Board may revisit commencement dates of imprisonment which is not justiciable.

Orders

  • Respondents are at liberty to file fresh petitions pursuant to Regulations 54 and 113 of the Prison Regulations 2000 seeking leave from the respective Pardons Boards to reconsider the commencement date of their imprisonment.