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THE Prisons Department cannot proceed with Datuk Seri Najib Razak's house arrest until the legal implications of a separate High Court release order are clarified, Home Minister Datuk Seri Saifuddin Nasution Ismail said.
He said the conflicting interpretations of the two documents had created uncertainty over whether the department retained the legal authority to continue holding Najib under house arrest.
Saifuddin said proceeding without resolving the discrepancy could expose the department to allegations of unlawful detention.
"We are the implementing agency... the order mentions release, whereas the Pardons Board says house arrest. House arrest is different from release. So, which one should we follow? If there is ambiguity in a legal document, we refer it to the court," he said.
He explained that while a house arrest arrangement would allow the Prisons Department to retain authority over Najib, a release order could mean the department no longer had jurisdiction over him.
The Home Ministry had sought the Attorney-General's Chambers' (AGC) opinion, as the release order was issued by the High Court Registrar.
"The matter will be brought before the court to clarify the two different interpretations," he said, adding that he did not know who would initiate the proceedings or when a decision would be made.
Saifuddin nevertheless stressed that the ministry respected the notification of Najib's house arrest contained in a letter from the Pardons Board secretary, describing the matter as one of legal interpretation.
Last Friday, the AGC announced that implementation of Najib's house arrest had been deferred pending further examination of the conditional pardon and the implications of the High Court release order.
During the deferment, Najib will remain at his current place of detention, subject to the authority and directions of the relevant authorities.
Najib paid the RM50 million fine imposed in his SRC International funds misappropriation case at the High Court Criminal Registry Office last Friday.
Saifuddin was speaking to reporters after attending a dialogue with fishermen at the Lereh Fishermen's Jetty in Tanjung Kling in Melaka. - November 10, 2026
