Does the AG share the view that a house arrest order is not capable of execution, there being no legal provision in Malaysia? — Hafiz Hassan

Former Malaysian Prime Minister Najib Razak faced a High Court judge's ruling that dismissed his attempt to serve his sentence under house arrest. The judge, Alice Loke, noted that the Yang di-Pertuan Agong (YDPA) exercises power in accordance with the Constitution. She then referred to Article 42 of the Federal Constitution, which governs the royal prerogative of mercy, including the power to grant pardons, reprieves, and respite.

The judge explained that the Pardons Board for the Federal Territories, comprising the Attorney General, the Prime Minister, and three other members appointed by the YDPA, advises the YDPA on matters of clemency. The judge emphasized that any house arrest order, being a novel mechanism, lacks legal provision in Malaysia, making its execution impossible.