Kuala Lumpur: The Attorney-General's Chambers (AGC) says the implementation of house arrest for former prime minister Datuk Seri Najib Tun Razak should be deferred temporarily.
It says the deferment should stand until further scrutiny and clarification of the interpretation of the Conditional Pardon Order and the effect of the Order of Discharge are resolved.
In a statement on Friday, the AGC said that throughout the deferment period, Najib should remain at his current place of detention, subject to the powers and directions of the relevant authorities.
"This temporary deferment is not intended to dispute or set aside the Yang di-Pertuan Agong's decree; rather, it is a measure to ensure that the decree and the related court orders are executed accurately, in an orderly manner and in line with the true legal position," the statement read.
The AGC said it would take further action once the scrutiny and clarification of the matter are completed.
The AGC added that it takes note of the Conditional Pardon Order dated Sept 18, 2026, which was granted by Yang di-Pertuan Agong XVII Sultan Ibrahim for Najib to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to his settling the RM50 million fine and complying with the stipulated conditions.
The AGC said legal questions have arisen over how the phrase "to serve the remainder of the sentence under house arrest until Aug 23, 2028, subject to his paying the RM50 million fine" should be interpreted, and regarding its effect on the remaining prison term in the SRC International case.
According to the AGC, further scrutiny is needed to determine whether payment of the RM50 million fine satisfies only the fine component, while the remaining prison sentence in the SRC International case continues until Aug 23, 2028.
"Under this interpretation, house arrest is an alternative method or place for serving the remainder of the prison sentence, and not a termination of the prison sentence," the statement read.
A second interpretation is that payment of the RM50 million fine is a condition that allows the pardon to take full effect, with the consequence that the entire sentence in the SRC International case, including the prison term, is deemed to have been completed.
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.
In addition, the AGC said the status of the remaining prison sentence in the SRC case also has a direct bearing on the implementation of Najib's prison sentence in the 1Malaysia Development Berhad (1MDB) case.
This follows a court order stipulating that the 1MDB sentence must begin after the completion of the SRC International sentence, taking into account the stay of execution application for the 1MDB case, which was dismissed by the High Court on Oct 14, 2026.
"Given that the issues raised involve complex legal questions with implications for the execution of the pardon decree and court orders, and constitute a situation never encountered before, the AGC is of the view that clear and definitive legal clarification must be obtained before any further enforcement action is taken," the statement read.
Najib is reported to have settled the RM50 million fine imposed on him in the SRC International Sdn Bhd fund misappropriation case at the Criminal Registry of the High Court here on Friday.
Najib's special officer, Ahmad Lutfi Azhar, attended court at 11.30 am to settle the payment and complete the necessary administrative procedures before the payment was finalised.
The payment is among the conditions of the conditional pardon granted by the Yang di-Pertuan Agong on Sept 18, allowing Najib to serve the remainder of his prison sentence under house arrest until Aug 23, 2028.
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.
