KUALA LUMPUR – The Attorney-General’s Chambers (AGC) has no authority to suspend or delay the implementation of a royal pardon, Datuk Seri Najib Razak’s legal team said, demanding that the former prime minister be transferred to house arrest without further delay.
In rejecting the AGC’s decision to temporarily suspend arrangements for Najib to serve the remainder of his sentence at home, Messrs Shafee & Co argued that all conditions imposed by His Majesty Sultan Ibrahim, the Yang di-Pertuan Agong, had been fulfilled.
The law firm said the RM50 million fine imposed on Najib in the SRC International case had been paid in full at the Kuala Lumpur High Court on Nov 6, following which the court issued sealed orders authorising his immediate discharge in relation to the fine.
However, Najib had yet to leave Kajang Prison when the AGC announced that the house arrest arrangements would be temporarily suspended pending clarification of legal questions surrounding the conditional pardon and the High Court's orders.
In a media statement dated Nov 6, the legal team maintained that the royal pardon granted on Sept 18 expressly provided for Najib to serve the remainder of his sentence under house arrest, subject to payment of the RM50 million fine.
It also pointed out that the government had publicly announced the arrangement through the Prime Minister's Department's Legal Affairs Division, which serves as the secretariat to the Pardons Board.
The lawyers said the same wording now cited by the AGC as raising legal questions had been used in the government's original announcement, without any objections being raised for seven weeks.
They further highlighted that Najib's residence at No. 11, Jalan Langgak Duta, Kuala Lumpur, had been gazetted as a prison under Section 3 of the Prisons Act 1995 on the same day the AGC issued its statement.
The declaration, made by the Home Minister and published in the Federal Government Gazette, meant the residence was legally designated as a prison under the Act, placing it under the authority of the Commissioner General of Prisons.
According to the lawyers, transferring Najib from Kajang Prison to his residence would therefore not amount to releasing him from lawful custody, but merely moving him between two gazetted prisons in accordance with the King's directive.
They described the AGC's decision to keep Najib at Kajang Prison while seeking clarification as illogical, given that his designated residence had already been declared a prison.
The legal team also questioned why the Attorney-General had not raised concerns over the interpretation of the pardon earlier, noting that he was a member of the Pardons Board and had attended the Sept 18 meeting at which the recommendation was made to the King.
It said the Attorney-General had consistently maintained over the preceding seven weeks that payment of the fine was the only outstanding requirement before Najib could begin serving his remaining sentence under house arrest.
"The Pardon is an express order of His Majesty. It names one condition, payment of the fine, and that condition has been met in relation to the said fine."
The lawyers further argued that the AGC could not refuse to implement the terms of a royal pardon simply because it was considering different interpretations of its legal effect.
"The Attorney General has no power of stay of His Majesty's royal prerogative of pardon. The current stand of the Attorney General at the least amounts to contempt and possibly even treason of His Majesty."
They maintained that Article 145(3) of the Federal Constitution did not grant the Attorney-General authority to suspend a royal pardon or a sealed court order.
If the AGC had concerns over the High Court's orders, the appropriate course would be to seek clarification through the court rather than issue a media statement purporting to halt their implementation, the lawyers said.
The firm also dismissed the AGC's reference to Najib's separate 1Malaysia Development Bhd (1MDB) conviction, arguing that the sentence in that case could only begin after the SRC International sentence had been served.
It said the ongoing proceedings, including the pending appeal relating to the 1MDB case, had no bearing on the government's obligation to implement the royal pardon in the SRC matter.
In addition, the lawyers warned that keeping Najib at Kajang Prison despite fulfilment of the pardon conditions would be inconsistent with Article 5(1) of the Federal Constitution, which safeguards personal liberty.
They called on the Commissioner General of Prisons to complete Najib's transfer to house arrest immediately, urged the Attorney-General to withdraw the AGC statement and challenged the Chambers to bring any outstanding legal concerns before the High Court.
"Every condition His Majesty set has been met, and there is no lawful reason for our client to remain in Penjara Kajang a moment longer."
The legal team's statement came amid the AGC's announcement that Najib would remain at his existing place of detention while it examined two possible interpretations of the conditional pardon.
Under the first interpretation, the former prime minister's six-year SRC sentence would remain in force until Aug 23, 2028, with house arrest serving as an alternative means of completing the remaining term.
The second interpretation suggests that payment of the RM50 million fine would activate the pardon in full, bringing the SRC prison sentence to an end.
The AGC said clarification was necessary to ensure that the royal decree and the High Court's Nov 6 order were implemented correctly and in accordance with the law. It stressed that its decision was not intended to challenge or disregard the King's authority.
The developments also prompted Prime Minister Datuk Seri Anwar Ibrahim to express disagreement with Umno's decision to settle Najib's fine, saying personal ties should not lead to corruption and abuse of power being overlooked.
"Personally, I disagree. While we have a sense of friendship with Datuk Seri Najib, it must not give the public the impression that corruption involving billions of ringgit can simply be overlooked.
"What values are we teaching our children? We must uphold firm moral principles that reject abuse of power and corruption," he told reporters after Friday prayers at Masjid Taman Kosas.
Nevertheless, Anwar acknowledged that Umno was entitled to make the payment, adding that the government respected the legal process and the King's decision under the Federal Constitution.
Earlier, Umno secretary-general Datuk Dr Asyraf Wajdi Dusuki announced that the party had closed its Najib Razak Solidarity Fund after collecting sufficient public contributions to settle the RM50 million fine.
The fundraising initiative was launched on Sept 18 to assist the former Umno president, with his special officer Ahmad Lutfi Azhar arriving at the Kuala Lumpur High Court at 11.30am to arrange payment and complete the necessary procedures.
Meanwhile, Transport Minister Anthony Loke reiterated that his resignation would take effect once Najib was permitted to leave prison and begin serving the remainder of his sentence at home.
"If he sets foot at home tonight, it takes effect tonight. If it’s tomorrow, then it’s tomorrow," he said after chairing the Transport Ministry's post-Cabinet meeting.
The DAP secretary-general said he had submitted his resignation letter to Anwar on Sept 28 and would send a further letter to the Prime Minister following the latest developments.
Loke said his position reflected DAP's firm stance on the proposed house arrest arrangement for the former Pekan MP.
Najib, 73, has been incarcerated at Kajang Prison since Aug 23, 2022, following his conviction for misappropriating RM42 million belonging to SRC International. - November 6, 2026
The post AGC has no power to halt house arrest, Najib must be released immediately from Kajang: Lawyers appeared first on Scoop.
