The legal spotlight is once again focused on former prime minister Dato' Seri Najib Razak, as the High Court prepares to decide on December 22, 2025, whether he may serve the remainder of his prison sentence at home instead of Kajang Prison.
The upcoming ruling by High Court judge Alice Loke Yee Ching will determine the validity of an alleged supplementary order - the so-called “addendum” - that Najib claims was issued by the 16th Yang di-Pertuan Agong.
At the centre of this case lies a crucial constitutional debate: can the King issue an order for house arrest outside the deliberations of the Pardons Board, and if so, under what circumstances?
Pardons Board Outcome on January 29, 2024
During the Pardons Board meeting on January 29, 2024, the Board considered Najib’s application for a full pardon, the Attorney General’s written opinion, and all relevant materials. The meeting ultimately resulted in two decisions:
1. Najib’s 12-year jail term was reduced by 50%, bringing it down to six years.
2. His fine was reduced to RM50 million.
According to the minutes of the meeting, the matter of house arrest was not discussed or decided. Deputy director-general of the Legal Affairs Division (BHEUU), Datuk Punitha Silivarajoo, confirmed this in her affidavit, forming a key pillar of the government’s argument.
The Government’s Position: The Addendum Is Invalid Without Pardons Board Deliberation
Senior federal counsel Shamsul Bolhassan argued that the alleged addendum cannot be legally enforced because:
• Articles 42(8) and 42(9) of the Federal Constitution mandate that the Pardons Board must meet in the presence of the Ruler and consider the AG’s written opinion before the Ruler acts.
• Article 42(4)(b) requires the King to act on the advice of the Pardons Board in the exercise of pardoning powers.
Shamsul emphasised that the King’s mercy powers - including pardon, reprieve, and respite - must follow these constitutional processes.
Therefore, any order issued outside the formal deliberation framework, even if it exists, cannot be automatically considered valid.
The Defence’s Position: The King Has Authority Beyond the Pardons Board
Najib’s lawyer Tan Sri Muhammad Shafee Abdullah presented a different interpretation:
• The King, while presiding over the Pardons Board, is not bound by its advice and may independently issue decisions related to mercy.
• The King’s authority includes the power to issue orders outside the meeting, whether in writing or as a decree.
• The alleged addendum is classified as a “respite”, not a full pardon.
* A respite, Shafee argued, does not extinguish guilt, reduce the conviction, or alter the sentence - it only affects the manner in which the sentence is carried out.
* As such, he claims that the Pardons Board does not need to deliberate on a respite.
Shafee added that the Constitution’s choice of the words pardon, reprieve, and respite demonstrates that they are distinct mechanisms intended for different purposes.
A Constitutional Question With Far-Reaching Implications
Judge Loke, during the hearing, probed whether house arrest could be considered a form of respite. Even if it were, Shamsul maintained that all actions under Article 42 require Pardons Board involvement.
The case now hinges on interpreting the reach and limits of the King’s mercy powers. The court must determine:
• Whether the alleged house arrest order was lawfully issued,
• Whether it qualifies as a “respite,” and
• Whether such relief can bypass Pardons Board deliberation.
A Decision That Goes Beyond, Shaping Future Interpretations
The outcome will carry consequences beyond Najib’s personal circumstances. It will shape future interpretations of the constitutional safeguards surrounding royal prerogatives, the role of the Pardons Board, and the limits of mercy powers within Malaysia’s legal framework.
For now, the nation awaits Judge Loke’s decision - one that may clarify the balance between constitutional procedure and the discretionary powers of the monarchy, and define how mercy is to be administered in high-profile cases moving forward.
By: Kpost
Information Source:
Malaymail , TheEdge , TheEdge , Fmt
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