The High Court has ruled that former prime minister Datuk Seri Najib Razak will serve the remainder of his reduced six-year SRC International prison sentence under house arrest at his Taman Duta residence until Aug 23, 2028.
KUALA LUMPUR: Former Prime Minister Datuk Seri Najib Tun Razak will serve the remainder of his prison sentence under house arrest at his Langgak Duta residence here, effective immediately.
High Court Judge Datuk Aslam Zainuddin set aside the earlier order issued by the High Court Criminal Registry on Nov 6 and issued a new order for Najib, 73.
The new order allows Najib to serve the remainder of his prison sentence in the SRC International Sdn Bhd case under house arrest until Aug 23, 2028, before returning to Kajang Prison on Aug 24, 2028 to serve his sentence in the 1Malaysia Development Berhad (1MDB) case.
In delivering the ruling, Judge Aslam said he had reviewed the conditional pardon order, proof of full payment of the fine, the earlier order, and other relevant documents.
“Accordingly, the court sets aside the Order of Discharge on Payment of Fine dated Nov 6, 2026 and substitutes it entirely with the order sought in this application.
“In line with the Conditional Pardon Order in the SRC International Sdn Bhd case, the accused shall serve the remaining six-year reduced prison sentence under house arrest at No 11, Jalan Langgak Duta, Taman Duta, until Aug 23, 2028,” he said.
Najib, who attended the proceedings in the public gallery wearing a blue kurta and accompanied by his daughter, Nooryana Najwa, appeared to smile upon hearing the decision.
The former Pekan MP later left the court for Kajang Prison, escorted by prison officers.
Earlier, deputy public prosecutor Datuk Ahmad Akram Gharib informed the court that the prosecution, as the applicant, had filed to set aside or cancel the Order of Discharge on Payment of Fine dated Nov 6.
He submitted that Najib, as the respondent in the application, had been sentenced to 12 years’ imprisonment and fined RM210 million, with a five-year jail term in default of payment.
“Then on Jan 29, 2024, the Pardons Board, at its 61st meeting, decided that the respondent be released early on Aug 23, 2028, reducing his prison sentence from 12 years to six years and his fine from RM210 million to RM50 million.
“Subsequently, on Sept 18, 2026, during a meeting of the Pardons Board, His Majesty the 17th Yang di-Pertuan Agong decreed that a royal pardon be granted to Datuk Seri Najib to serve the remainder of his prison sentence under house arrest, on condition that he pay the RM50 million fine,” he said.
Ahmad Akram explained that on Nov 6, Najib had paid the RM50 million fine in full to the court, and an Order of Discharge on Payment of Fine was issued and addressed to the Kajang Prison officer.
“The discharge order was in the standard form for a discharge on payment of a fine. The form stated that the respondent had paid the fine, and the order also recorded that the fine had been paid and authorised the prison authorities to discharge Datuk Seri Najib immediately.
“The terms of the discharge order dated Nov 6 treated house arrest as an alternative to payment of the fine and allowed the respondent’s unconditional release once payment was made.
“This would have freed the respondent from the remaining sentence in the SRC case. The contents of the discharge order are wholly contrary to the royal pardon order.
“The prosecution respects the royal pardon order and intends to give full effect to the royal decree,” said Ahmad Akram.
Earlier, lawyer Tan Sri Muhammad Shafee Abdullah, representing Najib, argued that the defence understood the earlier order to concern the obligation to pay the fine.
He said they had informed Kajang Prison of the matter and that the prison authorities also understood the meaning of the order, but its implementation had been slightly delayed.
“We had no issue with the draft order, apart from several minor typographical errors. House arrest should take effect as soon as the fine is paid and does not require a further specific court order,” said the lawyer.
After Najib paid the fine on Nov 6, the Attorney General’s Chambers (AGC) said in a statement that the implementation of house arrest for Najib had been temporarily deferred pending a review and further clarification of the interpretation of the Conditional Pardon Order, as well as the effect of the Order of Discharge issued by the High Court after the RM50 million fine was paid.
The AGC said that during the deferment period, Najib would remain at his existing place of detention (Kajang Prison), subject to the powers and directions of the relevant authorities.
Najib 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.
