Given the impending return of former deputy premier Anwar Ibrahim from Saudi Arabia on Sunday, which theoretically could strengthen opposition and NGOs in Malaysia, there have been attempts to fine-tune each group's political strategy to its own agenda.

One such initiative includes an attempt by a group named Padu to seek a Royal pardon on Anwar's behalf, although he has not indicated that he wants one, according to Parti Keadilan Rakyat leaders.

Regardless of how this movement may evolve, efforts to involve the King in reforming Malaysia are once again at work.

During Anwar's incarceration, there were similar attempts to gain his freedom via the crown. None came to fruition, as the King sought to remain above the fray of a political contest that was intense and unruly, to say the least.

It is not certain whether Anwar seeks to protect the monarchy from being dragged into his political struggle or if he has little faith in it.

What is clear is that he is not favourable to receiving a Royal pardon at this stage.

Three reasons

Going by statements made in the media, he has been reluctant to ask for three reasons.

Firstly, he has insisted that the charges against him were false and made in bad faith to tarnish his name. He also said these were a conspiracy to destroy his political career, one which he is determined to restore.

A Royal pardon would not remove the taint of guilt and could even obstruct him in clearing his name or exposing the alleged conspiracy, now that he has been freed of the charge of sodomy.

Secondly, he is clearly aware that a Royal pardon is not equal to complete exoneration. It would further complicate attempts to reclaim his personal integrity, a process that must be patient as it still involves people in high office.

It will also require an effort to shift public opinion completely in his favour. A Royal pardon would imply that he does not care about his name and that he is more concerned with returning to public office.

Invariably, once a pardon is granted, it would be literally impossible to stop the likes of his political nemesis former premier Dr Mahathir Mohamad to harp on the 'crimes' of which he has been accused.

There is a deeper implication that is both political and legal. A Royal pardon in criminal law is the equivalent to a sovereign act of oblivion or forgetfulness of past acts.

Legally, it is granted by the monarch to persons who have been guilty of crimes. Since Anwar continues to insist on his innocence, it would seem misguided to seek a Royal pardon.

Thirdly, Anwar remains sensitive to the charge - one reinforced by Mahathir that he was released by the Federal Court on Sept 2 on a 'technicality' on the sodomy charge. A Royal pardon would reinforce this impression.

Concept of clemency

Anwar's political ruminations aside, to what extent is it realistic to expect a Royal pardon? To answer this question, one must first understand the process involved.

The concept of clemency has its origins in ancient Roman law. The Malaysian variety borrowed directly the fundamentals of the executive power of pardon from the British legal tradition.

Since the English king's power of pardon was essentially unlimited, the Malaysian king is also able to exercise the same discretion.

A Royal pardon in law refers to a release from guilt or remission of punishment, and it may be granted in full or with conditions attached.

A conditional pardon imposes a lesser punishment or some other obligation. For example, some countries still bar pardoned offenders from holding public office or obtaining professional licences.

In Malaysia, this prerogative is in the hands of the King, theoretically on the advice of the prime minister and the cabinet. A monarch by the powers of his crown is able to grant clemency at best.

Should Anwar be granted a Royal pardon, with or without the advice of the government, he would be free to contest in elections and to hold office in political parties.

But what is a Royal pardon within the wider context of a Malaysian political and legal system? More importantly, what can the monarchy gain from the act of Royal pardon even if this should constitute some risk of political involvement?

William Blackstone, an authoritative jurist, has noted that that a Royal pardon does more than temper justice with mercy. This expansive power rests with the king to foster other goals, such as the endearment of the sovereign to his subjects and the creation of filial affection and loyalty in the hearts of the people.

For instance, at the height of the king's power to grant clemency, England's Henry VIII enjoyed absolute power. This was later ratified by the English Parliament, which granted a king unlimited authority to grant a pardon for virtually any crime, even murder.

To this day, this same power remains vested in the Malaysian monarch. When Malaysia was formed, the power of pardon was concentrated in the hands of the King, where it has been held ever since.

Royal strategy

To the extent that the King holds the wish to endear himself to the people to strengthen the populism that supports the crown acts of Royal pardon are not merely based on clemency, but strategy, too.

In this sense, whether Anwar gets a Royal pardon will be based as much on his willingness to appeal, as on the potential advantages to the crown in granting it.

Nevertheless, it would be a fallacy to believe that a Royal pardon is carte blanc for subjects to do anything. In fact, a Royal pardon is often conditional upon their return to obedience and duty the mere articulation of such intention is sufficient to gain clemency.

In the history of the Commonwealth, a Royal pardon is granted usually for political crimes against the state, such as treason, sedition or rebellion.

These are (political) crimes of which Anwar has been accused at different stages of his show-trial and career not against the nation as much as against his former party, Umno.

A successful appeal for a Royal pardon will, to a large extent, depend on the political shadow play within Umno as well.

The prime minister, being the president of the party, will have to offer his advice to the King accordingly.