12 Nov 2025
JIVA A/L GOPAL KRISHNAN
- Citation
- 05(RJ)-11-12/2024(P) (Mahkamah Persekutuan)
- Court
- RJ
- Case number
- 05(RJ)-11-12/2024(P) (Mahkamah Persekutuan)
The Federal Court held that on a literal reading of Act 847 ss2(1) and 4(1) persons who had already been granted pardons under Article 42 are not within the category 'any person who has been sentenced to death' for the purposes of making an application under s3(1); furthermore the courts have no jurisdiction to review or set aside decisions of the Pardons Board or the royal prerogative of mercy, and therefore the majority decision dated 27.8.2024 was ultra vires and is set aside.