Najib Razak left his Jalan Langgak Duta residence for nearly eight hours on Friday to attend a medical check-up, Friday prayers, and rehabilitation programmes, the Prisons Department stated.
The former prime minister’s movement began at 10.25am and ended at 6.25pm, monitored under standard operating procedures for his house arrest. Legal experts remain divided on whether this arrangement establishes a wider constitutional precedent for royal pardons.
Lawyer and constitutional expert Nik Ahmad Kamal views the case as a benchmark. “I believe Najib is a test case. It will probably set a standard for future house arrest practices,” he told nst.com.my.
Article 42 of the Federal Constitution does not restrict the form a pardon can take, according to Nik Ahmad. “Thus, house arrest may be one form of pardon, reprieve, or respite as the Pardons Board thinks fit,” Nik Ahmad said regarding the fact that the Pardons Board operates independently of the Prison Act 1995 when exercising such powers.
Arguments on Royal Prerogative and Precedent
Lawyer and constitutional expert Mohamed Haniff Khatri Abdulla disputed the idea of a binding standard. “There’s no such thing as precedent for the king. The king can do what he wants,” he told nst.com.my.
“The power of mercy is always above any provisions of law, or even the sentence meted out by the court,” lawyer and constitutional expert Mohamed Haniff Khatri Abdulla said. He added that the Home Ministry and Prisons Department must respect the wishes of the Yang di-Pertuan Agong while maintaining security and supervision.
/file/publisher-c1a3f893382d2b2f8a9aa22a654d9c97/2024/12/278f75b0affd0721195ae98e77a64679.jpg "Photo: Malaysiakini")
Parliament retains the authority to amend the constitution to limit royal prerogatives, Haniff noted. He pointed to 1993 constitutional amendments that restricted ruler immunity with the consent of the Conference of Rulers.
Conditions of the Conditional Pardon
Najib began serving his sentence under house arrest on Nov 10 after paying a RM50 million fine. The conditional pardon granted on Sept 18 applies to his SRC International conviction and runs until Aug 23, 2028.
Home Minister Datuk Seri Saifuddin Nasution Ismail told the Dewan Rakyat that four conditions govern the arrangement. These cover residence, association, movement, visits, telecommunications, and compulsory rehabilitation programmes.
The Prisons Department detailed Friday’s schedule, which included follow-up treatment at Kuala Lumpur Hospital’s Orthopaedic Department. Najib also performed Friday prayers at the Kajang Prison mosque, attended a Quranic study session with a Jakim religious teacher, and completed a psychology counseling session.
Bersih Requests Deferred Royal Pardons Amid 1MDB Legal Proceedings
Bersih chairman Muhammad Faisal Abdul Aziz sent a letter to the Malay rulers on Friday requesting that consideration of royal pardons be deferred until all related legal proceedings conclude, The Edge Malaysia reported.
Faisal highlighted outstanding court cases linked to the 1Malaysia Development Bhd scandal. The Yang di-Pertuan Agong and Malay rulers previously emphasized the need for cooperation in 1MDB investigations.
Frequently Asked Questions About Najib Razak House Arrest
What specific conditions govern Najib Razak’s house arrest?
The four conditions established by the Pardons Board restrict residence, association, movement, visits, and telecommunications use. Najib is barred from media appearances, public gatherings, and political activities, with any breach sending him back to Kajang Prison.
Does the house arrest pardon apply to all of Najib’s legal cases?
The conditional pardon applies strictly to the SRC International conviction. It does not affect his separate 15-year prison sentence handed down in December 2025 for corruption and money laundering charges related to 1MDB.
Which government bodies supervise the house arrest implementation?
The Home Ministry and the Prisons Department oversee the terms of the house arrest, ensuring compliance with standard operating procedures and monitoring all approved movements outside the Jalan Langgak Duta residence.
The house-arrest pardon applies only to the SRC International conviction and does not affect the separate 1MDB case, and Istana Negara maintained that Sultan Ibrahim’s conditional pardon was clear and must be respected, The Edge Malaysia reported.
Related reading