Former opposition leader Anwar Ibrahim cannot challenge the decision of the Agong to not pardon him for the offence of sodomy, stated senior federal counsel, Suzana Atan.

"The decision of the Agong, made under Article 42 of the Federal Constitution, is not justiciable and cannot be reviewed in the Federal Court," she said.

This was in the grounds of submission in her preliminary objection against the leave application brought by Anwar and his family, who sought the High Court in Kuala Lumpur to quash the decision made by Pardons Board last year.

The Pardons Board had turned down the application which requested Anwar's pardon and release.

Justice Nor Bee Ariffin fixed May 17 for the decision after hearing submissions from both sides.

The court will decide if it will grant leave to the judicial review brought by Anwar and his family, and a mandamus to reconvene the Pardons Board to consider the petition.

It will also decide if the case should be heard in Federal Court.

Anwar represented himself in court, while his wife Wan Azizah Wan Ismail, daughter Nurul Izzah Anwar and Nurul Nuha Anwar were represented by N Surendran, Latheefa Koya and Shamsul Iskandar Md Akin.

On June 24, last year, Anwar along with Wan Azizah and daughters Nurul Izzah and Nurul Nuha, filed the application , naming the Pardons Board, the attorney-general and the Malaysian government as respondents.

The application seeks to quash the Pardons Board’s decision in dismissing his petition for a royal pardon over his sodomy conviction last March.

Meanwhile, Shamsul urged the prison authorities to allow Anwar internet access so he would be better prepared in court.

He claimed that Anwar only received the relevant court documents yesterday evening and needed more time to prepare for his own trial.

"He only obtained the court papers at 3pm yesterday. This has obstructed his access to justice," he said.