Bar files fresh legal challenge against Najib’s house arrest

Bar files fresh legal challenge against Najib’s house arrest

Applicant seeks to quash the Sept 18 Federal Territories Pardons Board proceedings; leave application to be heard tomorrow.

malaysian bar
The Malaysian Bar is seeking an order of certiorari to quash the FTPB proceedings held on Sept 18, along with any related decisions, orders or arrangements facilitating Najib Razak’s house arrest.
KUALA LUMPUR:
The Malaysian Bar has filed a fresh legal challenge against the decision allowing former prime minister Najib Razak to serve the remainder of his SRC International prison sentence under house arrest.

In a judicial review application filed in the High Court yesterday through the law firm Amir & Rajpal Ghai, the Bar is seeking leave to challenge the proceedings, decisions and actions of the Federal Territories Pardons Board (FTPB) relating to the house arrest arrangement dated Sept 18.

Among the reliefs sought is an order of certiorari to quash the FTPB proceedings held on that date, along with any related decisions, orders or arrangements facilitating Najib’s house arrest.

The Bar is also seeking declarations that the proceedings and subsequent steps taken by government departments to implement the arrangement are unlawful, unconstitutional and void.

It further wants Najib barred from submitting fresh applications for a pardon, reprieve, respite or variation of his sentence until all pending criminal cases against him have been finally disposed of, and he has publicly accepted responsibility for his convictions and expressed remorse.

The Bar is also seeking an order to prevent the FTPB from considering any such application until these conditions are met.

It wants the court to suspend the implementation of the house arrest arrangement and any preparatory steps pending the final disposal of the judicial review. However, this particular relief appears to have been overtaken by events.

The Bar’s ex-parte application for leave is scheduled to be heard tomorrow before High Court judge S Indra Nehru.

A senior federal counsel will represent Attorney-General Dusuki Mokhtar in the proceedings.

The substantive judicial review can proceed only if the court grants leave. Bar Council secretary R Jayabalan has filed an affidavit in support of the application.

The latest challenge comes ahead of the Court of Appeal’s Jan 7 decision on a separate appeal by the Bar against the FTPB’s January 2024 decision to reduce Najib’s prison sentence and fine.

A three-member bench comprising Justices Lim Chong Fong, Azhahari Kamal Ramli and Leonard David Shim heard the appeal on July 31, following the High Court’s refusal to grant leave for judicial review.

Najib, 73, arrived at his home in Jalan Langgak Duta, Taman Duta, yesterday to serve the remainder of his six-year prison sentence in the SRC International case.

He had been incarcerated at Kajang prison since Aug 23, 2022.

In January 2024, the then Yang di-Pertuan Agong, Al-Sultan Abdullah Sultan Ahmad Shah, halved Najib’s 12-year prison sentence and reduced his RM210 million fine to RM50 million under a royal pardon.

In September 2026, the current Yang di-Pertuan Agong, Sultan Ibrahim, granted Najib a further conditional pardon, allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028.

The RM50 million fine was subsequently paid by Umno using funds raised through a public crowdfunding exercise.