Home minister can declare any place, including house, as prison
Published: Mar 6, 2025 2:15 PM
Updated: 5:16 PM
Summary
- De facto law minister Azalina Othman Said says the Prisons Act allows for the home minister to designate any home, building, or place as a “prison” for incarceration.
- The law also allows for a prisoner to be released on a conditional licence, which can be revoked if its terms are violated.
- Azalina adds that the minutes from the Pardons Board meeting concerning ex-PM Najib Abdul Razak’s sentence commutation have been declassified for court purposes.
House arrest is already possible in Malaysia without any new legislation.
Minister in the Prime Minister’s Department (Law and Institutional Reforms) Azalina Othman Said said that, according to the Attorney-General’s Chambers, the Prisons Act empowers the home minister to declare any home, building, or place a “prison” for the purpose of incarceration.
“In other words, a minister has the authority to declare a house as a valid place to detain a prisoner, subject to provisions under the Prisons Act,” she said in a written parliamentary reply yesterday.
The current home minister is Saifuddin Nasution Ismail.
Azalina said this in reply to a question from Lim Lip Eng (Harapan-Kepong) on whether Malaysian law provides for house arrest, in regards to former prime minister Najib Abdul Razak.
Najib is in a court battle to be placed under house arrest - which was granted to him through a royal decree by the previous Yang di-Pertuan Agong.
The decree was an addendum to the order reducing Najib’s jail sentence and fine in the SRC International case from 12 years’ jail and RM210 million to six years and RM50 million.
There are questions whether the addendum is valid as it was issued outside the Pardons Board meeting.
Pardons Board meeting minutes declassified
Azalina told Lim the minutes from the Pardons Board meeting discussing Najib had been declassified for the purposes of the court battle with Najib.
Minister in the Prime Minister’s Department (Law and Institutional Reforms) Azalina Othman Said said that, according to the Attorney-General’s Chambers, the Prisons Act empowers the home minister to declare any home, building, or place a “prison” for the purpose of incarceration.
“In other words, a minister has the authority to declare a house as a valid place to detain a prisoner, subject to provisions under the Prisons Act,” she said in a written parliamentary reply yesterday.
The current home minister is Saifuddin Nasution Ismail.
Azalina said this in reply to a question from Lim Lip Eng (Harapan-Kepong) on whether Malaysian law provides for house arrest, in regards to former prime minister Najib Abdul Razak.
Najib is in a court battle to be placed under house arrest - which was granted to him through a royal decree by the previous Yang di-Pertuan Agong.
The decree was an addendum to the order reducing Najib’s jail sentence and fine in the SRC International case from 12 years’ jail and RM210 million to six years and RM50 million.
There are questions whether the addendum is valid as it was issued outside the Pardons Board meeting.
Pardons Board meeting minutes declassified
Azalina told Lim the minutes from the Pardons Board meeting discussing Najib had been declassified for the purposes of the court battle with Najib.
Minister in the Prime Minister’s Department (Law and Institutional Reforms) Azalina Othman Said
Meanwhile, besides house arrest, Azalina said the Prisons Act also empowers the prisons commissioner general to release a prisoner on a licence - granted that they adhere to its terms.
The law states that the licence can be revoked if the terms are not adhered to, resulting in re-imprisonment.
Meanwhile, besides house arrest, Azalina said the Prisons Act also empowers the prisons commissioner general to release a prisoner on a licence - granted that they adhere to its terms.
The law states that the licence can be revoked if the terms are not adhered to, resulting in re-imprisonment.
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