AGC denies defying King’s pardon over Najib’s house arrest, seeks clarity on jail terms

Former prime minister Datuk Seri Najib Razak is pictured at the Kuala Lumpur Court Complex December 6, 2024. — Picture by Firdaus Latif

By Malay Mail

First Published: Saturday, 07 Nov 2026 1:45 PM MYT

KUALA LUMPUR, Nov 7 — The Attorney General’s Chambers (AGC) has rejected allegations that it defied the King’s pardon in the handling of Datuk Seri Najib Razak’s house arrest, insisting that its call to temporarily postpone the arrangement was intended to resolve legal uncertainties rather than obstruct the royal decree.

In a statement today, the AGC said it had neither challenged nor sought to suspend the conditional pardon granted by the Yang di-Pertuan Agong on September 18, dismissing accusations that the Attorney General had exceeded his authority, disregarded royal instructions or caused Najib to be unlawfully detained.

It also rejected allegations portraying the Attorney General’s actions as an act of defiance against the King, describing them as baseless.

“The AGC does not in any way dispute, set aside or intend to suspend the Conditional Pardon Order granted by His Majesty the Yang di-Pertuan Agong,” it said in its Bahasa Malaysia statement, translated into English.

The statement followed allegations by Najib’s lawyers, Shafee & Co, on Friday concerning the AGC’s call to temporarily postpone his transfer from Kajang Prison to house arrest.

Earlier today, Istana Negara said the King’s conditional pardon allowing Najib to serve the remainder of his SRC International sentence under house arrest was clear and unambiguous, and that all its conditions had been fulfilled.

The palace also warned that any attempt to challenge the order would amount to disobeying the King’s decree.

The AGC said the issue was not the validity of the King’s conditional pardon but the legal effect of the court’s discharge order on Najib’s remaining SRC sentence.

According to the AGC, the High Court’s Order of Discharge on Payment of Fine directed Najib’s immediate release following payment of the RM50 million fine on November 6, while also stating that he should serve the remainder of his SRC sentence under house arrest until August 23, 2028.

The AGC said this raised two possible legal interpretations requiring judicial clarification.

If the SRC sentence remains in force, the AGC said, its remaining term should be served in accordance with the conditional pardon.

However, if the court determines that Najib’s SRC sentence has legally ended, it would have to clarify whether his separate 15-year prison sentence in the 1MDB case should now begin, as that sentence was ordered to commence only after the SRC term was completed.

“Both possibilities have different legal implications and should not be decided on the basis of assumptions or a one-sided interpretation,” the AGC said.

It also noted that the High Court rejected an application to stay the 1MDB sentence on October 14.

The AGC maintained that seeking a judicial ruling on these questions did not amount to challenging the King’s constitutional power to grant pardons under Article 42 of the Federal Constitution.

“The power of pardon and the court’s power to interpret and determine the legal effect of an order are two different matters,” it said.

“Obtaining a court decision on the implementation of an order does not in any way mean questioning the authority of the party that issued it.”

The AGC also cautioned against allegations that the Attorney General or other parties had instructed prison authorities to act unlawfully, saying such claims should not be presented as established facts without a clear factual basis.

It stressed that an urgent court determination was necessary not only to ensure the proper implementation of the conditional pardon and the 1MDB sentence, but also to protect Najib’s legal rights.

The AGC said that if Najib’s SRC sentence was found to have legally ended, continuing to detain him on the basis of that sentence could mean he was held longer than legally permitted.

Conversely, if the sentence remained in force, its implementation would have to comply with the terms of the conditional pardon and relevant court orders.

Najib, 73, has been imprisoned since August 2022 after being convicted of abuse of power, criminal breach of trust and money laundering involving RM42 million in funds belonging to SRC International, a former subsidiary of 1MDB.

He was originally sentenced to 12 years in prison and fined RM210 million, but a partial royal pardon in 2024 reduced his jail term to six years and the fine to RM50 million.

On September 18, Sultan Ibrahim granted Najib a conditional pardon allowing him to serve the remainder of his SRC sentence under house arrest until August 23, 2028, subject to payment of the fine and compliance with stipulated conditions.

In December 2025, Najib was sentenced to 15 years in prison in the separate 1MDB corruption case. He is appealing the conviction, and the sentence was ordered to begin after completion of his SRC prison term.

The AGC said it was seeking an urgent court ruling to prevent conflicting interpretations of the orders and ensure that no sentence was enforced unlawfully.

“This step is not intended to delay or frustrate the implementation of the Conditional Pardon Order, but to avoid contradictions in the implementation of existing orders and to ensure that no sentence is carried out unlawfully,” it said.

The AGC added that it would not engage in a public exchange of allegations over a matter that should be resolved through the judicial process.