KDN berhati-hati kemungkinan ‘tahanan salah’ terhadap Najib

The Home Affairs Minister, Saifuddin Nasution Ismail, expressed caution regarding the possibility of a "false detainee" issue in relation to former Prime Minister Najib Razak. The term "release" in the High Court's order implies freeing someone from custody, rather than placing them under home detention. The Home Affairs Ministry is taking a cautious approach in apprehending Najib Razak under home detention without resolving the conflicting interpretation arising from the court's order, which could be seen as wrongful detention.

The Home Affairs Minister is caught between granting Najib a conditional pardon, which would allow him to serve the remainder of his SRC International prison sentence under home detention after paying a RM50 million fine, and a court order using the phrase "released." Consequently, the Ministry faces a difficult decision on which approach to adopt.

This dilemma arises from the fact that legal documents contain precise language, and any ambiguity should be referred to the courts. Saifuddin stated that Malaysia has laws, and when there is a misunderstanding, it is the courts who should be consulted. The minister clarified that full release means the Prison Department no longer has control over Najib, whereas home detention requires the department to maintain control over him.

The Home Affairs Ministry has received a letter from the religious advice and respect committee, acknowledging the committee's decision. The Ministry's response to the Yang di-Pertuan Agong's advice is that it does not matter who has spoken, as the Ministry has sought legal advice due to the differing interpretations of the law.

The Ministry emphasized that the courts are the rightful avenue to resolve this issue, and they will respect whatever decision is made.

Asked about when the State Attorney-General will refer the matter to the court, Saifuddin said he does not have information on when proceedings will commence or which party will bring the issue to court. On November 6, Umno had announced a RM50 million fine for Najib, which would allow him to serve the remainder of his prison sentence under home detention. However, the Attorney-General's Chambers (AGC) requested that its implementation be delayed pending clarification on the conflicting phrase in the court's order.