KUALA LUMPUR, Nov 24 — Former prime minister Datuk Seri Najib Razak has been trying for more than a year now to be allowed to serve the rest of his jail term at home instead of in prison, as he insists there is already a royal order for this to happen.
Today, the High Court is scheduled to hear that bid.
Najib has been a prisoner since August 23, 2022 over SRC International Sdn Bhd’s misappropriated RM42 million.
This means he is now midway in his reduced jail term, as it has been three years and three months since then.
What is the bid being heard today?
In a January 29 Federal Territories Pardons Board meeting last year, the 16th Yang di-Pertuan Agong — who was presiding over the meeting — decided to reduce Najib’s jail term from 12 years to six years.
A few weeks later, Najib claimed that he had on February 12, 2024 learnt that the then Agong had issued an add-on order (an “addendum” in legal speak) for him to be placed under house arrest for the rest of his jail term, instead of at Kajang Prison.
After failing to get official confirmation of this alleged additional order, Najib on April 1, 2024 filed a court challenge to compel the government to confirm this “house arrest” order exists and to enforce it by moving him to his Kuala Lumpur home.
Najib named seven respondents in his court challenge: the home minister, commissioner-general of prisons, the Federal Territories Pardons Board, the Minister in the Prime Minister’s Department (Law and Institutional Reform), the director-general of the Legal Affairs Division in the Prime Minister’s Department and the Malaysian government.
Today’s High Court hearing will likely determine if Najib can actually be on house arrest or not.
So does the “addendum” or add-on order for house arrest exist?
The Federal Court said yes.
On August 13, the Federal Court’s three-judge panel unanimously decided that the High Court should go ahead to hear Najib’s court challenge.
The Federal Court also noted that the attorney general had conceded to the panel that the “addendum” order for house arrest exists.
The reason why the case had gone up to the Federal Court is because Najib’s court challenge was filed as a judicial review, and he needs to get the court’s leave or nod before the case is heard.
The High Court had rejected Najib’s application for leave, while the Court of Appeal in a 2-1 decision and the Federal Court ultimately decided that leave should be granted and Najib’s case can go on before a new High Court judge.
