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THE Attorney-General's Chambers (AGC) has applied to the High Court to review its Nov 6 discharge order concerning Datuk Seri Najib Razak, seeking clarification on the legal status of his remaining prison sentence and the proposed house arrest arrangement.
Attorney-General Tan Sri Mohd Dusuki Mokhtar said the application sought a fresh discharge order consistent with the conditional pardon granted by the Sultan Ibrahim, King of Malaysia on Sept 18.
"AGC today filed an application at the Kuala Lumpur High Court to review and reconsider the discharge order issued on Nov 6.
"The application is for a new discharge order to ensure it is consistent with the conditional pardon granted by the Yang di-Pertuan Agong on Sept 18, 2026," he said.
The application centres on the legal implications of the discharge order issued after Najib paid the RM50 million fine imposed on him in the SRC International case.
The AGC had previously raised questions over whether the order merely facilitated payment of the fine and allowed the remaining SRC prison sentence to be served under house arrest, or effectively meant that the sentence had been completed.
The distinction has direct implications for Najib's separate prison sentence in the 1MDB case, which the High Court ordered to begin only after he completes serving his SRC International sentence.
The development follows UMNO's confirmation last Friday that Najib had paid the RM50 million fine, paving the way for the implementation of house arrest under the conditions of his conditional pardon.
However, the arrangement was deferred pending further examination by the AGC of the pardon order and the legal effect of the High Court's discharge order.
The Attorney-General subsequently sought an audience with the Yang di-Pertuan Agong to explain the AGC's position on compliance with the royal decree.
Istana Negara had stressed that any arguments challenging the conditional pardon granted to Najib would be regarded as defiance of the royal decree.
In a statement on Saturday, the AGC maintained that it had never challenged, set aside or intended to suspend the conditional pardon.
It said its concerns related solely to the legal implications of the Nov 6 discharge order, adding that it continued to respect the royal prerogative of pardon under Article 42 of the Federal Constitution.
The order stated that Najib was to serve the remainder of his sentence under house arrest until Aug 23, 2028, in accordance with the conditional pardon. - November 10, 2026
