Attorney-General Tan Sri Mohd Dusuki Mokhtar has requested an audience with Yang di-Pertuan Agong Sultan Ibrahim to clarify legal implications surrounding Datuk Seri Najib Razak’s conditional pardon and court discharge order.
PETALING JAYA: Attorney-General Tan Sri Mohd Dusuki Mokhtar has sought an audience with the Yang di-Pertuan Agong, Sultan Ibrahim, to seek forgiveness and affirm his commitment to implementing the King’s decree on the conditional pardon granted to former prime minister Datuk Seri Najib Razak in the SRC International case.
The Prime Minister’s Office (PMO) said in a statement today that Mohd Dusuki would also explain a legal question arising from the Kuala Lumpur High Court’s discharge order following payment of Najib’s RM50 million fine.
The PMO said the matter required judicial determination as it had implications for when Najib’s 15-year prison sentence in the separate 1Malaysia Development Berhad (1MDB) case would begin.
However, the statement did not specify the legal question or when the royal audience would take place.
Najib, 73, has been in prison since August 2022 after being convicted of abuse of power, criminal breach of trust and money laundering involving RM42 million belonging to SRC International, a former subsidiary of 1MDB.
He was initially sentenced to 12 years’ imprisonment and fined RM210 million. In 2024, the Pardons Board reduced his prison term to six years and his fine to RM50 million.
In December 2025, the High Court sentenced Najib to 15 years’ imprisonment and imposed a RM11.4 billion fine in a separate 1MDB case.
The sentence was ordered to begin after he completes his SRC International sentence. Najib is appealing against the conviction and sentence, while the High Court dismissed his application to stay execution on Oct 14.
On Sept 18, 2026, Sultan Ibrahim granted Najib a conditional pardon allowing him to serve the remainder of his SRC International sentence under house arrest until Aug 23, 2028, subject to payment of the RM50 million fine and compliance with other conditions.
The fine was paid on Nov 6, with Najib’s lawyers saying the payment was made by Umno through its fundraising initiative.
Following the payment, the Kuala Lumpur High Court issued an order of discharge directing Najib’s immediate release and allowing him to serve the remainder of his SRC sentence under house arrest.
However, the Attorney-General’s Chambers (AGC) subsequently sought a temporary deferment of the transfer pending clarification of the legal implications of the discharge order.
The AGC outlined two possible interpretations of the order.
Under the first, payment of the RM50 million would settle only the financial component of Najib’s sentence, leaving the remaining prison term in force and to be served under house arrest.
Under the second interpretation, the SRC International sentence could be considered fully served following payment of the fine. This would require the court to determine whether Najib’s separate 15-year 1MDB prison term should begin immediately.
The AGC said clarification was necessary to avoid the possibility of Najib being detained beyond the period permitted by law.
It stressed that its request was not intended to dispute, suspend or set aside the King’s conditional pardon, adding that the royal prerogative under Article 42 of the Federal Constitution and the courts’ authority to interpret their own orders were separate matters.
In a statement today, Istana Negara said the King’s decree was clear, explicit and unambiguous, and was unrelated to any other cases involving Najib.
The palace also said all conditions stipulated in the conditional pardon had been fulfilled, adding that any attempt to challenge the order would amount to disregarding the Yang di-Pertuan Agong’s decree.
