Bar-Najib house arrest challenge: AGC disputes court’s jurisdiction over royal pardon decision

KUALA LUMPUR, Nov 12 — The Attorney General's Chambers (AGC) has raised objections to the Malaysian Bar's request to initiate a judicial review challenging the decision of the Federal Territories Pardons Board permitting former Prime Minister Datuk Seri Najib Tun Razak to complete his prison term under house arrest. Senior Federal Counsel Ahmad Hanir Hambaly@Arwi informed High Court Judge S. Indra Nehru that the AGC received the Malaysian Bar's application via email two days ago and required additional time to review it before submitting its written arguments.

The AGC maintains that the impugned decision involves the actions of the Yang di-Pertuan Agong in overseeing a Pardons Board meeting, which falls outside the realm of judicial review. Counsel Ahmad Hanir stated that the AGC requires further time to file its written submissions and study the application to properly present its objections.

The court has granted the parties until March 17 of the following year to file their written submissions, with a deadline of December 14 for the initial submissions and December 28 for the responses. Meanwhile, lawyer Muhammad Farhan Muhammad Shafee, representing Najib, expressed his desire to file written submissions as well, as the court's decision could impact the execution of the house arrest imposed on his client.

Justice Indra Nehru scheduled the application for hearing on March 17 and ordered both parties to submit their written submissions by December 14, with the responses to be submitted by December 28. On November 10, the Malaysian Bar filed a separate legal action challenging the Federal Territories Pardons Board's decision to allow Najib to serve the remainder of his prison sentence in the SRC International case through house arrest.

The Bar named the Federal Territories Pardons Board, the Minister in the Prime Minister's Department (Law and Institutional Reform), the Director-General of Prisons, and Najib as respondents. They sought a declaration that any proceedings or decisions purportedly made under Articles 40 and 42 of the Federal Constitution were legally invalid and contrary to the Constitution.

This includes the decision announced through a media statement on September 18, 2026, by the second respondent, permitting Najib to serve the remaining portion of his sentence via "house arrest" or "home detention." The Bar further requested an order to halt the Pardons Board's proceedings and decision, as well as an injunction to suspend the house arrest of the former Prime Minister pending the outcome of the judicial review.

In an affidavit supported by Malaysian Bar secretary Jayabalan Raman Kutty, the Bar contended that the application addresses crucial issues concerning constitutional and fundamental rights. They argued that house arrest does not constitute a pardon, suspension of sentence, or remission under Article 42 of the Federal Constitution.

Jayabalan alleged that the Pardons Board had failed to adequately consider relevant factors, such as Najib's convictions and prison sentences in other cases, the financial burden resulting from his criminal activities, and the impact on public confidence in anti-corruption measures. On November 10, the High Court mandated the former Prime Minister to serve the remainder of his prison term in the SRC International case under house arrest at his residence in Langgak Duta, Kuala Lumpur, effective immediately.