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KUALA LUMPUR - The implementation of the conditional pardon granted to Datuk Seri Najib Tun Razak, allowing the former Prime Minister to serve the remainder of his prison sentence under house arrest, must be respected in keeping with the principles of Constitutional Monarchy and the Rule of Law.
His Majesty Sultan Ibrahim, King of Malaysia, said the decision granted under the royal prerogative of pardon provided for in Article 42 of the Federal Constitution must be implemented as decreed, without giving rise to prolonged confusion or uncertainty.
The royal decree was contained in a statement issued by Istana Negara and shared on Sultan Ibrahim Sultan Iskandar's Facebook page today.
His Majesty said he had ordered Najib to serve the remainder of his prison sentence under house arrest, subject to the condition that the RM50 million fine be paid.
The order was granted after His Majesty received due advice from Minister in the Prime Minister's Department (Federal Territories) Hannah Yeoh and Attorney-General Tan Sri Mohd Dusuki Mokhtar at the Pardons Board meeting for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya on Sept 18.
"The royal prerogative of pardon is provided for under Article 42 of the Federal Constitution. The exercise of this power must be respected in keeping with the position of the Constitutional Monarchy and the principles of the Rule of Law.
"Since all conditions stipulated in the conditional pardon order have been fulfilled, any arguments disputing the order would amount to defying the decree of the Yang di-Pertuan Agong,” His Majesty said.
Sultan Ibrahim also decreed that the conditional pardon order was clear, explicit and unambiguous, and was not related to any other cases involving Najib.
"There should be no room for differences in interpretation, nor should there be prolonged uncertainty over the implementation of a decision that has already received royal assent," His Majesty said.
Yesterday, the Attorney-General's Chambers (AGC) announced that the implementation of Najib's house arrest had been temporarily deferred pending further examination and clarification of the interpretation of the Conditional Pardon Order and the implications of the Order of Discharge issued by the High Court here yesterday, following settlement of the RM50 million fine.
The AGC said the temporary deferment was not intended to question or set aside the King's decree, but was instead a measure to ensure that the royal decree and the related court order were implemented accurately, properly and in accordance with the applicable legal position.
During the deferment, Najib would remain at his current place of detention, subject to the powers and directives of the relevant authorities. The AGC also said further action would be taken once the examination and clarification process relating to the temporary deferment had been completed.
Najib was reported to have settled the RM50 million fine imposed on him in the SRC International Sdn Bhd funds misappropriation case at the High Court Criminal Registry here yesterday.
His special officer, Ahmad Lutfi Azhar, was at the court at 11.30 am to settle the payment and complete the necessary administrative procedures before it was finalised.
The payment was one of the conditions of the conditional pardon granted by the King on Sept 18, which allowed 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 misappropriating RM42 million belonging to SRC International. - BERNAMA
