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THE Kuala Lumpur High Court is due today to rule on whether former prime minister Datuk Seri Najib Razak will be allowed to complete the remainder of his prison sentence under house arrest, a decision that could result in his immediate release from Kajang Prison.
At the centre of the case is Najib’s judicial review application seeking to compel the government to enforce what he claims was a “royal addendum” issued in conjunction with his royal pardon.
According to Najib, the alleged addendum permits him to serve the balance of his sentence at home. The government has firmly denied the existence of such a document, stating that no additional papers were found in the official records of the Federal Territories Pardons Board.
Judge Alice Loke is scheduled to deliver her judgment at 9am. Should the court rule in Najib’s favour, he would be permitted to return to his residence in Jalan Langgak Duta, Kuala Lumpur.
However, a source from the Attorney-General’s Chambers has said the prosecution would appeal any ruling that allows house arrest.
Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, said last Thursday that even if an appeal were filed, it “should not delay his client’s release”, emphasising that the case concerns the liberty of a man who has been imprisoned since the Federal Court dismissed his final appeal in 2022.
Najib, now 72, was initially sentenced to 12 years’ imprisonment and fined RM120 million after being convicted in the SRC International Sdn Bhd case involving RM42 million in criminal breach of trust.
In 2024, the Federal Territories Pardons Board reduced his sentence to six years and lowered the fine to RM50 million.
Any relief granted today may prove temporary. On Friday, the High Court is set to deliver its verdict in the long-running 1Malaysia Development Bhd corruption trial, the largest remaining case linked to the state fund scandal.
The trial has lasted seven years and involved hundreds of witnesses.
In that case, Najib faces four charges of abuse of power and 21 counts of money laundering connected to RM2.3 billion allegedly misappropriated from 1MDB.
He has denied all wrongdoing, maintaining that some of the funds were legitimate foreign donations and that he was unaware of any unlawful transfers.
If Najib is convicted and the presiding judge, Datuk Collin Lawrence Sequerah, declines to grant a stay of execution, he would be required to return to prison immediately.
A stay of execution would temporarily suspend any sentence pending appeal and is granted only if the court is satisfied that there are valid grounds to exercise its discretion.
Beyond its legal ramifications, the house arrest application carries political significance. Najib no longer holds public office, is not a member of Parliament and is barred from contesting elections.
Any influence he wields would therefore be informal and symbolic rather than institutional.
Even so, his visibility continues to resonate with segments of UMNO and Barisan Nasional’s traditional support base, for whom he remains closely associated with a previous era of governance.
Party leaders face a delicate calculation, as allowing Najib too prominent a role risks reinforcing perceptions that the party has yet to fully turn the page.
The government, too, faces scrutiny. A decision perceived as lenient could draw criticism over preferential treatment, while a stricter outcome could inflame dissatisfaction among Najib’s supporters.
Any house arrest arrangement would also come with strict legal conditions, including limits on movement, restrictions on public or political activity and continuous monitoring, with breaches potentially resulting in its revocation.
As the court prepares to rule, the decisions expected this week will not only determine Najib’s immediate future but also serve as a broader test of Malaysia’s commitment to the rule of law, equality before the courts and institutional credibility in cases involving powerful figures. - December 22, 2025