AGC says Najib’s house arrest should be temporarily postponed pending legal clarification

AGC says Najib’s house arrest should be temporarily postponed pending legal clarification



In a statement today, the AGC said Datuk Seri Najib Razak’s detention status should remain unchanged at his existing place of detention while the legal issues were being examined. — Picture by Raymond Manuel


Summary

• The Attorney General's Chambers (AGC) has temporarily postponed Datuk Seri Najib Razak's house arrest pending legal clarification on his conditional pardon and a High Court order.
• The conditional pardon allows Najib to serve his sentence under house arrest, but interpretations differ on whether paying the RM50 million fine completes his prison sentence.
• Legal complexities may also affect Najib's 1Malaysia Development Berhad (1MDB) case sentence, necessitating clear legal clarification before further implementation.

First Published: Friday, 06 Nov 2026 6:53 PM MYT


KUALA LUMPUR, Nov 6 — The Attorney General’s Chambers (AGC) says the implementation of Datuk Seri Najib Razak’s house arrest should be temporarily postponed pending legal clarification on the interpretation of his conditional pardon and the effect of a High Court order issued today.

In a statement, the AGC said Najib’s detention status should remain unchanged at his existing place of detention while the legal issues were being examined.

The conditional pardon granted by the Yang di-Pertuan Agong Sultan Ibrahim on September 18, 2026 allowed Najib to serve the remainder of his sentence under house arrest until August 23, 2028, subject to payment of a RM50 million fine and compliance with the stipulated conditions.

However, the AGC said two possible interpretations had arisen over whether payment of the fine meant Najib’s prison sentence in the SRC International case remained in force or was considered completed.


Under the first interpretation, payment of the RM50 million fine would fulfil only the financial component of the sentence, while the prison term would continue until August 23, 2028.

House arrest would therefore be an alternative means of serving the remaining prison term, rather than an indication that the sentence had ended.

Under the second interpretation, payment of the fine would allow the pardon to take full effect, meaning the entire sentence for the SRC International case, including the prison term, would be considered completed.

The AGC said the issue also involved the legal effect of an Order of Discharge on Payment of Fine issued by the Kuala Lumpur High Court today after the RM50 million payment was recorded.


The order directed Najib’s immediate release, while also stating that the remainder of his sentence should be served under house arrest until August 23, 2028 in accordance with the conditional pardon.

The interpretation of Najib’s remaining prison term in the SRC International case could also affect the implementation of his sentence in the 1Malaysia Development Berhad (1MDB) case, the AGC said.


This is because a court order stipulates that the 1MDB prison sentence must begin after the completion of his sentence in the SRC International case.

The AGC said the matter also needed to be examined in light of the High Court’s rejection on October 14, 2026 of Najib’s application for a stay of execution of his sentence in the 1MDB case.

Describing the issues as legally complex and unprecedented, the AGC said clear and definitive legal clarification was necessary before any further implementation action could be taken.

It said the proposed temporary postponement was not intended to challenge or set aside the Yang di-Pertuan Agong’s decree, but to ensure that the royal pardon and related court orders were implemented accurately and in accordance with the actual legal position.

The AGC said it would take further action once the review and clarification had been completed.