AGC objects to Malaysian Bar’s bid to challenge Najib’s house arrest

The AGC is opposing the Malaysian Bar’s bid to seek a judicial review of the Federal Territories Pardons Board’s decision allowing former prime minister Datuk Seri Najib Razak to serve the remainder of his SRC International prison sentence under house arrest. — Picture by Raymond Manuel

First Published: Thursday, 12 Nov 2026 1:45 PM MYT

KUALA LUMPUR, Nov 12 — The Attorney General’s Chambers (AGC) is objecting to the Malaysian Bar’s application for leave to initiate a judicial review challenging the Federal Territories Pardons Board’s decision allowing former prime minister Datuk Seri Najib Tun Razak to serve the remainder of his prison sentence in the SRC International Sdn Bhd case under house arrest.

Senior Federal Counsel Ahmad Hanir Hambaly@Arwi told High Court Judge S. Indra Nehru today that the AGC had received the Malaysian Bar’s application via email two days ago and needed time to study it before filing its written submissions.

“Certainly, the Attorney General is objecting to this leave application because the impugned decision relates to the decision of the Yang di-Pertuan Agong in presiding over a Pardons Board meeting, which is non-justiciable.

“That is the stand that we will be taking. We will need more time to file our written submissions and to study the application so that we can put our objections in a proper manner. I humbly request time from the court for us to file our written submissions,” he said during the hearing of the leave application today.

Meanwhile, lawyer Muhammad Farhan Muhammad Shafee, representing Najib, told the court that his client also wished to file written submissions, as any decision made by the court following the granting of leave could affect the implementation of Najib’s house arrest.

Counsel Zainur Zakaria, appearing for the Malaysian Bar, did not object to the requests by the AGC and Najib’s counsel for time to file their respective written submissions.

Justice Indra Nehru fixed March 17 next year for the hearing of the application and directed both parties to file their respective written submissions by December 14, with replies to be filed by December 28.

On November 10, the Malaysian Bar filed a fresh legal action challenging the Federal Territories Pardons Board’s decision allowing Najib to serve the remainder of his prison sentence in the SRC International case under house arrest.

The Bar named the Federal Territories Pardons Board, Minister in the Prime Minister’s Department (Law and Institutional Reform), Director-General of Prisons and Najib as respondents.

In the application, the Bar sought a declaration that any proceedings or decision purportedly made under Articles 40 and 42 of the Federal Constitution were invalid in law and contrary to the Federal Constitution.

This includes the decision announced through a media statement dated September 18, 2026 by the second respondent, allowing Najib to serve the remainder of his sentence by way of “house arrest” or “home detention.”

The Bar further seeks an order to quash the Pardons Board’s proceedings and decision, as well as an order for the house arrest of the former prime minister to be stayed immediately, should leave be granted, pending the outcome of the judicial review.

In an affidavit affirmed by Malaysian Bar secretary Jayabalan Raman Kutty, the Bar stated that the application involves important principles concerning constitutional and fundamental rights.

The Bar said house arrest does not fall within the meaning of a pardon, suspension of sentence or remission of sentence under Article 42 of the Federal Constitution.

Jayabalan alleged that the Pardons Board had failed to properly consider relevant factors, including Najib’s convictions and prison sentences in other cases, the financial burden caused by his crimes and the impact on public confidence in anti-corruption efforts.

On November 10, the High Court ordered the former prime minister to serve the remainder of his prison sentence in the SRC International case under house arrest at his residence in Langgak Duta here, effective immediately. — Bernama