Decision in AG’s favour.
The Federal Court has dismissed former prime minister Datuk Seri Najib Razak’s preliminary objection aimed at preventing the Attorney General’s Chambers (AGC) from pursuing its appeal related to a judicial review over a purported supplementary house arrest order.
Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, who chaired the three-member panel, delivered the unanimous decision in favour of the AGC. Also on the panel were Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah.
Hasnah said Najib’s argument—that the issues were hypothetical or academic—was unfounded. She stressed that the questions surrounding the admission of fresh evidence and the role of the Attorney General in judicial review proceedings were significant, especially given conflicting positions by the High Court and Court of Appeal.
“The issue of whether the addendum is justiciable and subject to judicial review is also relevant to Article 42 of the Federal Constitution,” she added.
The ruling clears the way for the AGC to proceed with its appeal, which will determine whether Najib can continue with his court bid to serve the rest of his sentence under house arrest. The hearing resumes tomorrow.
On 6 January, the Court of Appeal, in a 2-1 decision, remitted Najib’s application back to the High Court to be heard on its merits. This overturned the earlier High Court decision that had dismissed his leave application to commence judicial review.
Najib filed the application on 1 April 2024, claiming that then-Yang di-Pertuan Agong Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah issued a “supplementary order” during the 29 January Pardons Board meeting, allowing him to serve the remainder of his reduced sentence at home.
He further claimed to have received confirmation of the order’s existence on 12 February 2024. As part of his judicial review, he seeks to compel the Federal Government and Pardons Board to produce and execute the alleged document.
On 2 February 2024, the Pardons Board announced that Najib’s 12-year jail term for misappropriating RM42 million had been halved, allowing for possible release by 23 August 2028. His RM210 million fine was also reduced to RM50 million, which he must pay to qualify for early release.
Najib has been serving his sentence at Kajang Prison since 23 August 2022, after the Federal Court upheld his conviction for criminal breach of trust, abuse of power, and money laundering in the SRC International case.