Perintah tahanan rumah tak boleh dicabar, kata peguam kanan

Former Malaysian Prime Minister Najib Razak is serving the remainder of his six-year prison sentence under home confinement at his residence in Kuala Lumpur, known as the Kuala Lumpur Guesthouse. Home confinement expert and attorney Kitson Foong stated that the conditions governing Najib's home confinement cannot be challenged or altered.

Foong emphasized that the Federal Rehabilitation Board's decision is not open to judicial review or public scrutiny, as it is solely the prerogative of the Yang di-Pertuan Agong. The Federal Constitution's Article 42 specifies that the Federal Rehabilitation Board's function is to advise the King, and it cannot be contested in court or subjected to public debate.

Attempting to question or appeal the conditions imposed as part of Najib's home confinement would expose confidential discussions and potentially undermine the King's discretion. Minister of Home Affairs Saifuddin Nasution Ismail informed the House of Representatives on November 12 that the government rejects Najib's request to add another residence to his home confinement conditions, stating that the government is bound by the Federal Rehabilitation Board's decision, which limits the residence to one.

Legal expert Nik Ahmad Kamal Nik Mahmood from the National Professors' Council stated that the public cannot question a decision if the court cannot review it. According to him, although Article 42 does not specify how the pardon should be implemented, the Federal Rehabilitation Board has the authority to detail the process, particularly how the pardon should be carried out.

Any decision made by the board cannot be reviewed by the court. If the court cannot review it, the public cannot challenge it either. Najib began serving the remaining two years of his sentence under home confinement on November 10, according to the SRC International case, with the sentence expected to end on August 23, 2028.