JIVA A/L GOPAL KRISHNAN

The Pardons Board has the exclusive authority to reconsider and alter the commencement date of imprisonment and such decisions are not justiciable; affected persons must pursue fresh petitions under Regulations 54 and 113 of the Prison Regulations 2000 rather than seek judicial alteration.

Citation: 05(RJ)-11-12/2024(P) (Mahkamah Persekutuan)
Parties: Respondent: Respondents; Authority / Respondent: Pulau Pinang Pardons Board; Referenced Convict: Ang Kok San; Judge (draft Judgment Author): Che Mohd. Ruzima Bin Ghazali JCA; Chief Justice (supporting Judgment Author): Wan Ahmad Farid bin Wan Salleh
Court: RJ
Jurisdiction: Malaysia
Judgment Date: 12 November 2025
Case Number: 05(RJ)-11-12/2024(P) (Mahkamah Persekutuan)
Procedural Posture: Criminal Review Application / Supporting Judgment / Final Disposition Affirmed
Legal Topics: Pardons and Clemency, Commencement Date of Imprisonment, Justiciability, Prison Regulations 2000, Remedies
Source Language: Malay/English

Criminal Law Administrative Law Prison Law Constitutional Law Pardons and Clemency Commencement Date of Imprisonment Justiciability Prison Regulations 2000 +1 more

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Parties

Respondents

Respondent

Pulau Pinang Pardons Board

Authority / Respondent

Ang Kok San

Referenced Convict

Che Mohd. Ruzima Bin Ghazali JCA

Judge (draft Judgment Author)

Wan Ahmad Farid bin Wan Salleh

Chief Justice (supporting Judgment Author)

Procedural Posture

Criminal Review Application / Supporting Judgment / Final Disposition Affirmed

Legal Issues

1 Whether the Pardons Board can revisit the commencement date of a prison sentence
2 Whether decisions of the Pardons Board on commencement dates are justiciable
3 Whether the respondents were prejudiced and whether alternative remedies remain available