Official Secrets Act blocks public release of Pardons Board minutes, expert warns

According to constitutional expert Prof Dr Nik Ahmad Kamal Nik Mahmood, any material discussed by the Federal Territories Pardons Board, including its meeting minutes, falls under the Official Secrets Act 1972 and is barred from public release while classified. He noted that declassification is possible only when required for legal proceedings or police investigations, citing the Addendum Order in Najib Razak’s case as precedent.

The scholar cautioned that publishing the minutes could provoke controversy, undermine the prerogative powers of the Yang di-Pertuan Agong and hinder frank discussion among board members. DAP’s Wanita wing, headed by Teo Nie Ching, has urged the government to reveal the minutes of the meeting that approved Najib’s conditional pardon, arguing the decision should not be arbitrary. Section 2C of the OSA gives the responsible minister authority to reclassify secrets, but the ultimate decision rests with the minister and the government. The conditional pardon, signed by Sultan Ibrahim, allows Najib to serve the remainder of his sentence under house arrest if he pays a RM50 million fine, and can be revoked if conditions are breached.