KUALA LUMPUR – The Attorney General’s Chambers (AGC) has reaffirmed that the High Court’s rejection of Datuk Seri Najib Razak's judicial review application concerning the additional house arrest order does not undermine the powers of the Malay Rulers or the Yang di-Pertua Negeri regarding pardons.
In a statement, the AGC clarified that claims suggesting the court’s decision reduced the authority of the Royal Institution were inaccurate and did not reflect the court’s reasoning.
“When dismissing Datuk Seri Najib's judicial review, the court emphasised that the power to grant pardons remains a prerogative of the Yang di-Pertuan Agong, as guaranteed under Article 42(1) of the Federal Constitution, in line with previous rulings by higher courts,” the statement explained.
The AGC further highlighted that Article 42 of the Federal Constitution mandates that the Yang di-Pertuan Agong, the Malay Rulers, and the Yang di-Pertua Negeri convene with the Pardons Board to decide on all pardon applications.
Regarding Najib's case, the AGC noted that the minutes of the 61st Pardons Board meeting for the Federal Territories (Kuala Lumpur, Labuan, and Putrajaya) showed that the matter of house arrest was never discussed or ordered by the 16th Yang di-Pertuan Agong.
“The meeting only deliberated on Najib’s application for a full pardon, with the 16th YdPA decreeing a 50% reduction in his prison sentence and fine,” it added.
The AGC stressed that the court’s decision does not diminish the authority of the Yang di-Pertuan Agong, the Malay Rulers, or the Yang di-Pertua Negeri in matters of pardon. The judge’s oral ruling, it pointed out, affirmed the prerogative powers of the YdPA, the Rulers, and the Yang di-Pertua Negeri.
The AGC reminded the public that any attempts to incite unrest or misinterpret the court's ruling are inappropriate and counterproductive. It reiterated its commitment to safeguarding the Royal Institution and upholding the Federal Constitution in all its actions.
Meanwhile, opposition leader Datuk Seri Hamzah Zainuddin said Perikatan Nasional has appointed legal counsel to monitor the proceedings of the Addendum Ruling case as a "watching brief," due to concerns over the impact of the High Court’s proceedings on the powers of the Yang di-Pertuan Agong and the Malay Rulers in matters of pardons, as clearly outlined in the Federal Constitution.
He said the opposition coalition believes that the pardon process is a supreme prerogative of the Yang di-Pertuan Agong and the Malay Rulers, which must be respected.
"Perikatan Nasional does not want the Royal Institution to be seen as a mere ‘rubber stamp.’ It underscores that the powers of the Agong were clearly defined in the Reid Commission Report to preserve the authority and prestige of the Yang di-Pertuan Agong and the Malay Rulers, as reflected in the Federal Court’s decision in the Anwar Ibrahim pardon case," he said.
"In that case, the Chief Justice ruled that the power of pardon is an absolute prerogative of the Yang di-Pertuan Agong, non-justiciable, and thus falls outside the scope of judicial review."
He further argued that the current constitutional confusion stems from the government’s failure to address the Addendum Ruling issue at an earlier stage.
"As such, the opposition is calling for the government to review provisions in the Federal Constitution concerning the prerogative of pardon to ensure that the absolute power of the Yang di-Pertuan Agong and the Malay Rulers, as well as the fundamental structure of the Constitution, remain clear and intact," he said. - December 23, 2025
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