House arrest or stay in Kajang? Najib’s big bid lands in the High Court today
Former prime minister Datuk Seri Najib Razak as pictured at the Kuala Lumpur Court Complex on June 20, 2025. — Picture by Yusof Mat Isa
Monday, 24 Nov 2025 7:00 AM MYT
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 as its chairman 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.
Can the house arrest order be enforced?
This will likely be the most important question for the High Court hearing today: whether the additional order for house arrest has any legal effect.
The Federal Court had already made it clear that it did not decide whether the house arrest order is part of the January 29, 2024 pardons order on Najib.
In other words, just because the “addendum” or additional order exists, it does mean it is automatically valid.
The Federal Court said the High Court should be the one deciding if this house arrest order is valid or not.
The Federal Court also pointed out that the Agong’s exercise of his power to grant pardons must be done according to the Federal Constitution’s Article 42 – which includes requirements for the Agong to act on the Pardons Board’s advice and for the ruler to chair the Pardons Board meeting.
Another key question that is expected to be raised at today’s High Court hearing is whether or not the then Agong’s “addendum” order for house arrest was made during or after the Pardons Board’s January 29 meeting.
This could affect whether the house arrest order is valid or not.
How soon will Najib know if he can go on house arrest?
While the High Court will be hearing Najib’s bid for house arrest today, it may not necessarily decide today on whether he succeeds.
Typically, the High Court can deliver its decision on another day, after hearing arguments from lawyers from both sides.
Decisions at the High Court can also be further appealed to the Court of Appeal and to the Federal Court.
Najib’s other criminal trial (The 1MDB case)
Currently, Najib is facing four power abuse charges and 21 money laundering charges in relation to over RM2 billion of money belonging to 1Malaysia Development Berhad (1MDB), with the penalty for those offences also including jail terms.
Next month, on December 26, the High Court will deliver its decision on whether Najib is guilty or not of the 25 charges in the 1MDB case.
Recommended reading:
Najib's "House Arrest " did not appear in any Pardons Board minutes or announcements..it does not appear that the "House Arrest" was part of any official Pardons Board business.
ReplyDeleteThe key delicate Constitutional question is , Is the Agong Pardon power absolute i.e he can exercise his own pardons proclamation, or does the Agong exercise it via the Pardons Board ?