AGC: House arrest requests must go through Yang di-Pertuan Agong
PETALING JAYA: Any request for prisoners, including former prime minister Datuk Seri Najib Razak, to serve their sentences under house arrest must be submitted to the Pardons Board, chaired by the current Yang di-Pertuan Agong, says the Attorney General’s Chambers (AGC).
In a statement, the AGC said that based on Article 42 (1) of the Federal Constitution, the Yang di-Pertuan Agong has the power to grant pardons, reprieves and respites in respect of any offences committed in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
The AGC pointed out that Article 42 (2) of the Constitution also provides, among others, that the King is allowed to remit, suspend or commute sentences for any offences passed by the court.
“Following this, the Chambers has been commanded by the Yang di-Pertuan Agong to inform that all applications for pardons concerning offences committed within the Federal Territories of Kuala Lumpur, Labuan and Putrajaya must be submitted to the Pardons Board, chaired by the Yang di-Pertuan Agong, in accordance with the procedures and channels prescribed by law and not through other channels,” it said in the statement issued at midday yesterday.
“Therefore, should any party wish to propose that any prisoner, including Najib, serve their sentence under house arrest, such an application must be submitted for consideration by the Pardons Board chaired by the Yang di-Pertuan Agong in accordance with the procedures and channels established under the applicable laws and regulations.”
In this regard, the decision made by the King, upon the advice of the Pardons Board under Article 42 of the Constitution, is subject to existing legal provisions to ensure that such actions cannot be legally challenged as invalid in terms of law, the AGC added.
Najib began serving a 12-year jail term in August 2022 for offences linked to the misuse of public money from former 1Malaysia Development Bhd (1MDB) unit SRC International. The sentence was later halved by the Pardons Board.
Najib then claimed that there was a royal addendum, purportedly issued by the 16th Yang di-Pertuan Agong, that would allow him to serve the remainder of his six-year prison sentence under house arrest.
On Dec 11, Prime Minister Datuk Seri Anwar Ibrahim said any matter concerning an addendum to the pardon order for Najib was raised briefly during an audience with His Majesty Sultan Ibrahim, the King of Malaysia.
“So, we leave it to the authority of the King, firstly, to bring it to the meeting of the Pardons Board and to consider it thoroughly,” Anwar said in reply to a supplementary question from Pekan MP Datuk Seri Sh Mohmed Puzi Sh Ali during the Prime Minister’s Question Time in Dewan Rakyat.
Najib has also won some legal victories in other cases.
On Nov 27, a Malaysian court allowed corruption charges in one of the five cases linked to 1MDB to be dropped against him.
Those charges were related to payments of more than US$1bil allegedly made to Abu Dhabi’s International Petroleum Investment Company.
Another charge of audit tampering ended with an acquittal in 2023.
In an immediate response to the statement yesterday, Umno Youth chief Datuk Dr Muhamad Akmal Saleh said the announcement made by the AGC on the matter was already expected.
“Allah is the most powerful and we pray that due justice will be given to Najib.
“The people can judge this,” he said, without elaborating further.
