[UPDATED] A-GC: Court ruling on Najib's house arrest does not override King's pardon

Opposition leader Hamzah Zainudin has cautioned the government against adopting a hit-or-miss approach to the Yang di-Pertuan Agong's directives in light of the ongoing debate surrounding Datuk Seri Najib Razak's royal pardon. He emphasized that respecting the monarchy is a constitutional obligation, not a political decision. The government cannot adopt a selective stance because the Yang di-Pertuan Agong's position is a cornerstone of the nation's sovereignty.

Upholding its dignity and sovereignty is a non-negotiable duty, not a political preference, stated Hamzah in a press release. He reiterated that both the government and all parties must adhere to royal decrees issued in line with the law, including those pertaining to pardons, reprieves, and sentence reductions under Article 42 of the Federal Constitution.

He warned that any attempt to disregard, deny, or undermine a lawful royal decree would be a grave act of defiance against the King and the country.

Earlier, Istana Negara had stated that challenging Najib's conditional royal pardon would be tantamount to defying the Yang di-Pertuan Agong's decree. The palace noted that Sultan Ibrahim had confirmed that all conditions imposed under the pardon were met, leaving no room for further dispute over its implementation. The pardon, granted on September 18, was deemed clear, explicit, and unambiguous, and unrelated to other cases involving Najib.

The conditional pardon mandated that Najib serve the remainder of his SRC International prison sentence under house arrest, contingent upon the payment of a RM50 million fine. This statement followed the Attorney-General's Chambers (A-GC) request for a temporary suspension of Najib's house arrest, pending clarification on legal issues surrounding the pardon and a ruling from a High Court.

The A-GC argued that the clarification was necessary to ascertain whether the payment of the fine only addressed the financial aspect of Najib's SRC International sentence or indicated that the entire sentence had been fulfilled. It also suggested that the interpretation could impact the start of Najib's separate prison term in the 1Malaysia Development Bhd (1MDB) case.

The A-GC insisted that the proposed postponement was not meant to challenge the King's decree but to ensure the correct execution of the pardon and related court orders.

Najib had already paid the RM50 million fine in full at the Kuala Lumpur High Court, yet his legal representatives subsequently confirmed that he remained incarcerated in Kajang Prison. His legal team subsequently demanded an immediate transfer to house arrest, arguing that the A-GC lacks the authority to suspend a royal pardon.