Kerajaan bantah cabaran baharu Badan Peguam terhadap tahanan rumah Najib

The Malaysian Bar Council has filed a new legal challenge against former Prime Minister Najib Razak's bail conditions for the SRC International case. In a filing at the High Court today, the Bar Council seeks to challenge the LPWP (Laboratory of Public Whistleblowers) proceedings, any decisions, orders, or rules related to allowing tahanan di rumah (home detention) for Najib.

The application, filed through law firm Amir & Rajpal Ghai, requests a declaration that the LPWP procedures and subsequent steps taken by government departments to implement the tahanan di rumah rule are unlawful and unconstitutional, and should be dismissed. The Bar Council also seeks to prevent Najib from filing new petitions for pardon, suspending punishment, legal amnesty, or changing his sentence until all pending criminal cases against him are concluded, and he declares his personal responsibility and remorse.

The Bar Council additionally seeks an order to restrain LPWP from considering any such petitions until those conditions are met. The court will postpone the implementation of the home detention rule and any preparatory steps until the appeal hearing is completed. However, this specific challenge appears less relevant given recent developments.

The Bar Council's ex-parte application for a declaration is scheduled to be heard tomorrow before Judge S Indra Nehru at the High Court. The Attorney General's Chambers will represent the State Attorney Dusuki Mokhtar in the proceedings. A substantive appeal can only proceed if the court grants permission. The State Law Council's Dusuki Mokhtar filed an affidavit to support the application.

This new challenge comes ahead of a High Court ruling on 7 January in separate petitions filed by the Bar Council challenging LPWP decisions that reduced Najib's prison sentence and fine in January 2024. A three-judge panel comprising Lim Chong Fong, Azhahari Kamal Ramli, and Leonard David Shim heard the appeal on July 31, after the High Court declined to grant permission for a review of the decision.

Currently serving a six-year prison term for SRC International, Najib, 73, was incarcerated at Kajang Prison since August 23, 2022. In January 2024, then-Sultan Abdullah ruled to halve Najib's 12-year prison term and fine him RM50 million instead of RM210 million, through royal pardon. On September 2026, current Sultan Ibrahim conditionally pardoned Najib, allowing him to serve the remaining prison term under home detention until August 23, 2028. A RM50 million fine was paid by Umno using public funds.