Najib's House Arrest Delayed Despite RM50 Million Fine Payment as Legal Questions Remain Unresolved
KUALA LUMPUR, Nov 7 — Former Malaysian prime minister Datuk Seri Najib Razak remains in Kajang Prison after the Attorney-General's Chambers (AGC) called for the temporary suspension of his planned transfer to house arrest.
The decision came on November 6, hours after UMNO confirmed payment of the RM50 million fine required under Najib's conditional royal pardon.
Although the High Court had issued an order connected to his release and subsequent house detention, the authorities raised questions about how that order should operate alongside his remaining prison sentences.
Fine settled on Friday
The payment was completed at the Kuala Lumpur High Court on Friday morning.
UMNO secretary-general Datuk Dr Asyraf Wajdi Dusuki announced that the Najib Razak Solidarity Fund had collected sufficient contributions to cover the required amount.
The party subsequently closed the special account established for the fundraising exercise.
Najib's lawyers confirmed that the relevant court order had been obtained and indicated that arrangements were being made to submit the necessary documents to Kajang Prison.
At that stage, the former prime minister appeared closer to beginning the house-arrest arrangement.
Attorney-General's Chambers requests delay
The situation changed after the AGC released a statement calling for implementation to be postponed.
It said clarification was required on the legal interpretation of the conditional pardon granted by Yang di-Pertuan Agong Sultan Ibrahim on September 18, 2026.
The AGC also identified questions concerning the High Court order issued after payment of the fine on November 6.
According to the department, the relationship between the financial condition, the remaining prison term and the court's instructions needed to be established before the arrangement could proceed.
Two interpretations under consideration
One interpretation is that payment of the RM50 million fine fulfils only the financial component of Najib's sentence.
Under this approach, the remaining prison sentence in the SRC International case would continue until August 23, 2028, with house arrest serving as an alternative method of detention.
A second interpretation concerns whether payment activates the conditional pardon in a manner that changes the legal status of the remaining SRC International prison sentence more substantially.
The difference has implications beyond the immediate house-arrest arrangements.
Najib also faces a separate prison sentence in a 1MDB-related case, and the legal sequence in which the sentences are to be served forms part of the questions raised.
AGC says move does not challenge royal pardon
The AGC said the temporary delay was intended to obtain legal certainty, rather than to dispute the King's decision.
It maintained that the relevant court orders and pardon must be implemented consistently with the applicable legal framework.
The department said further steps would follow once the outstanding questions had been examined and clarified.
During the interim period, Najib would remain at his existing detention facility.
Defence lawyers reject the delay
Najib's legal representatives strongly disagreed with the AGC's position.
In a statement issued on Friday night, they argued that the conditions of the royal pardon had been fulfilled and that the house-arrest process should proceed.
The lawyers also questioned whether a statement from the AGC could justify delaying implementation of the existing orders.
They maintained that any dispute about the legal effect of those orders should be addressed through the courts.
These arguments reflect the defence team's position and do not represent a final judicial determination of the issue.
Najib remains in Kajang Prison
Reports on Friday evening confirmed that Najib had not begun serving his sentence at his residence.
He had temporarily left prison for a medical-related appointment before returning to Kajang Prison.
Journalists gathered outside his Kuala Lumpur residence in anticipation of his possible arrival, but the expected transfer did not take place.
As of the latest reports reviewed on November 7, no revised date had been officially announced.
The next major development will depend on how the authorities and, potentially, the courts resolve the legal questions surrounding the pardon and the sentences involved.
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