Malaysia's AGC Seeks New Court Order Over Najib Razak's Delayed House Arrest
KUALA LUMPUR, Nov 10 — Malaysia's Attorney-General's Chambers (AGC) has filed an application with the Kuala Lumpur High Court seeking a review of a November 6 discharge order involving former prime minister Najib Razak.
The application, confirmed by Attorney-General Tan Sri Mohd Dusuki Mokhtar on Tuesday, seeks a new order that would align with the conditional royal pardon granted by Malaysia's King, Sultan Ibrahim, on September 18, 2026.
The move is the latest development in a legal dispute that has delayed Najib's planned transfer from Kajang Prison to house arrest, despite the settlement of a RM50 million fine.
Attorney-General confirms fresh application
Mohd Dusuki confirmed that the AGC had submitted the application to the High Court on November 10.
The department is asking the court to review the discharge order issued on November 6 and issue a revised order consistent with the terms of the conditional pardon.
Under that pardon, Najib was permitted to serve the remainder of his SRC International prison sentence under house arrest until August 23, 2028, subject to payment of the RM50 million fine and other stipulated conditions.
However, the application does not mean the High Court has already approved a revised order or authorised Najib's immediate transfer.
A final judicial determination on the latest application has not been confirmed in the reports reviewed.
Legal uncertainty over release and house arrest
The dispute emerged after Najib's RM50 million fine was paid on November 6.
A court order subsequently issued in connection with the payment referred to his immediate discharge while also providing for the remaining sentence to be served under house arrest.
The AGC argues that the legal effects of those provisions need to be clarified.
One interpretation is that payment of the fine fulfils the financial requirement of the conditional pardon, while Najib remains subject to the rest of his SRC International prison sentence, to be served at home.
Another interpretation raises the possibility that the SRC sentence could be considered completed once the pardon conditions have been satisfied.
The distinction could affect when Najib's separate 15-year prison sentence in another 1MDB-related case begins.
Najib has appealed that separate conviction and sentence.
Home minister highlights Prisons Department's authority
Home Minister Datuk Seri Saifuddin Nasution Ismail said a discharge order and an order for house arrest have different implications for the Prisons Department.
A complete release may bring the department's authority over a detainee to an end.
House arrest, by contrast, involves continuing legal supervision while the person serves a custodial sentence at an authorised location.
Saifuddin said the government needed judicial clarification to ensure that the Prisons Department would not act outside its lawful powers.
He emphasised that the authorities were not disputing the King's constitutional authority to grant a pardon.
Palace and lawyers dispute the delay
The controversy has also prompted differing positions from the palace and Najib's legal team.
Istana Negara previously maintained that the conditional pardon was clear and that its conditions had been fulfilled.
Najib's lawyers argued that the payment of the fine had satisfied the requirements for his transfer and challenged the delay in implementing the house-arrest arrangement.
The AGC maintained that seeking judicial clarification was not an attempt to overturn or disregard the royal pardon.
Instead, the department said it wanted the pardon and related court orders to be implemented accurately and consistently with the law.
These competing positions have intensified national debate over the interpretation and enforcement of royal clemency.
What happens next?
The latest court application marks a formal step towards resolving the uncertainty surrounding Najib's detention status.
However, submitting an application is not the same as obtaining a new court order.
As of the latest confirmed information on November 10, Najib's transfer to house arrest had not been completed.
The next key development will be the High Court's response to the AGC application and any directions issued regarding the implementation of the conditional pardon.
Until then, the legal questions over the discharge order, the remaining SRC sentence and the separate 1MDB sentence remain unresolved.
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