KUALA LUMPUR – The Attorney-General’s Chambers (AGC) has stressed that it is in no way disputing, setting aside or seeking to suspend the Conditional Pardon Order granted by the Yang di-Pertuan Agong.
In its statement today, the AGC also rejected suggestions that seeking legal clarification was an attempt to assume or exercise His Majesty’s pardoning powers.
Instead, the AGC said the pardoning power and the courts’ authority to interpret and determine the legal effect of an order were two distinct matters, adding that seeking a court ruling on the implementation of an order did not in any way mean questioning the authority of the institution that issued it.
“The issue raised does not concern the validity or authority of the Conditional Pardon Order. Rather, the question requiring determination concerns the legal effect of the Discharge Order issued by the Kuala Lumpur High Court on Nov 6, 2026, on the remaining prison sentence in the SRC International case, as well as its implications for the commencement date of the prison sentence in the 1MDB case.
“Legal questions have arisen regarding the scope and effect of the discharge order, particularly whether the discharge ordered relates only to the payment of the fine and allows the remaining prison sentence in the SRC International case to continue under house arrest, or whether the order has the effect of deeming the SRC International sentence to have been completed,” it said.
The AGC added that the confusion also involves the legal implications of the Order of Discharge on Payment of Fine dated Nov 6, 2026, which orders immediate release while at the same time stipulating that the remainder of the sentence be served through house arrest until Aug 23, 2028.
The AGC said this in response to allegations by Najib’s legal team, Shafee & Co., which claimed that the Attorney-General had acted beyond his authority, defied royal decrees, set aside court orders and caused Najib to be unlawfully detained.
Earlier, Yang di-Pertuan Agong Sultan Ibrahim has expressed profound displeasure over ongoing disputes regarding his decree granting Datuk Seri Mohd Najib Tun Abdul Razak house arrest, cautioning that challenging the decision amounts to defying the King.
Describing the conditional pardon as clear, definitive, and free of any ambiguity, His Majesty emphasised that the power of pardon is an absolute royal prerogative under Article 42 of the Federal Constitution, which must be respected in accordance with constitutional monarchy and the rule of law.
Najib, 73, has been serving his sentence at Kajang Prison since Aug 23, 2022, after being convicted of the misappropriation of RM42 million in SRC International funds.
Meanwhile, the AGC said it was inaccurate to equate the position that a legal question required determination by the courts with allegations that the Attorney-General had assumed His Majesty’s royal prerogative of pardon.
Therefore, the AGC maintained that the appropriate avenue for resolving the matter was through a court with the relevant jurisdiction, so that clear decisions and directions on implementation could be obtained without prejudicing the position of any institution.
It stressed that questions concerning the responsibilities of prison authorities must be determined based on their legal obligations and applicable court orders. Any allegations or insinuations that the Attorney-General or certain parties had instructed prison authorities to act unlawfully should not be presented as conclusions without a clear factual basis.
“The AGC views seriously the use of expressions portraying the Attorney-General’s actions as an insult or an act of defiance against His Majesty the Yang di-Pertuan Agong.
“Such allegations are unfounded in light of the legal questions raised by the AGC. The responsibility to ensure that a royal pardon order is implemented accurately and in accordance with prevailing court orders is part of upholding the institution of the Yang di-Pertuan Agong and the rule of law, rather than an act of disobedience to His Majesty’s decree.
“The AGC wishes to emphasise that an immediate court determination is important not only to ensure that the Conditional Pardon Order and the sentence in the 1MDB case are implemented in accordance with the law, but also to safeguard the rights of Datuk Seri Mohd Najib himself.
“If the court rules that the SRC International sentence has been completed, his continued detention on the basis of that sentence could result in him being detained beyond the period that should apply. Conversely, if the sentence remains in force, its implementation must comply with the terms of the Conditional Pardon Order and any relevant court orders,” it said.
For these reasons, the AGC maintained that the question concerning the legal effect of the Discharge Order dated Nov 6, 2026, should be referred to the court immediately for a clear determination and directions.
The AGC urged all parties to refrain from debating the matter through the media and to allow the judiciary to determine the legal implementation of the orders in accordance with the rule of law. - November 7, 2026
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