High Court Rejects Najib’s Final Push for House Arrest

Najib Razak’s Judicial Review Rejected by Kuala Lumpur High Court

Kuala Lumpur, Dec 22 — The Kuala Lumpur High Court today dismissed the judicial review application filed by former prime minister Datuk Seri Najib Razak House Arrest, which sought permission to serve the remainder of his prison sentence under house arrest. As a result, Najib will continue to serve his term at Kajang Prison without deferment to home detention. The application involved several key respondents including the Home Minister, the Prisons Department director-general, the Attorney General, and the Federal Territories Pardons Board covering Kuala Lumpur, Labuan, and Putrajaya.

The sequence of legal proceedings surrounding Najib’s sentence and pardon requests

Najib’s application was heard by High Court judge Justice Datuk Amarjeet Singh after submissions from both Najib’s legal team and senior federal counsel representing the respondents. The former prime minister initially filed the application for leave on April 1, 2024, seeking clarity on whether an addendum to the royal pardon granted by the 16th Yang di-Pertuan Agong Sultan Abdullah permitted him to serve the remainder of his sentence under house arrest. The eldest son of Najib, Datuk Mohd Nizar Najib, had submitted an affidavit on Dec 5, 2024, stating that Sultan Abdullah confirmed the existence of such an addendum.

However, Attorney General Tan Sri Mohd Dusuki Mokhtar acknowledged the alleged addendum but questioned its authenticity and legality. Najib has been imprisoned at Kajang Prison since August 23, 2022, following conviction for misappropriation of RM42 million from SRC International Sdn Bhd. The initial 12-year sentence and RM210 million fine was upheld by the Court of Appeal and Federal Court.

After applying for a royal pardon in September 2022, the Pardons Board in February 2024 reduced Najib’s sentence to six years and lowered the fine to RM50 million, with a stipulation that failure to pay would incur an additional year’s imprisonment. Najib’s attempt to seek judicial review was first dismissed by the High Court in July 2024 but was later allowed by the Court of Appeal in January 2025. The Federal Court subsequently dismissed the Attorney General’s appeal in August 2025 and instructed a rehearing before the High Court judge.

Following the ruling, Najib was observed discussing the decision with his lead counsel Tan Sri Muhammad Shafee Abdullah, who confirmed plans to appeal the decision. Najib was accompanied by family members including his wife Datin Seri Rosmah Mansor and sons at the court premises.

The court’s explanation on constitutional requirements governing royal pardons

In her ruling, Justice Amarjeet Singh emphasised that under Article 42 of the Federal Constitution, any final meeting concerning a royal pardon must be conducted in the presence and chaired by the Yang di-Pertuan Agong. This constitutional provision is mandatory and not merely procedural. The judge clarified that the 61st Pardons Board meeting on January 29, 2024, chaired by Sultan Abdullah, solely approved the reduction of Najib’s prison sentence. There was no lawful directive permitting house arrest during that session.

Authorities have maintained a position to adhere strictly to constitutional and legal protocols regarding pardons and clemency. The Home Ministry and the Prisons Department remain responsible for enforcing the court’s decision and ensuring prisoner custody in line with court orders.

Social discourse and public interest remain focused on legal and institutional processes

The dismissal of Najib’s judicial review has been widely reported in Malaysian media with balanced coverage, focusing on the constitutional interpretation and legal procedures. While some public discussions on social media platforms debate the ramifications of the verdict, commentators remain divided on legal nuances and implications for the royal pardon system. Analysts note the importance of transparent judicial proceedings and the role of the Pardons Board in uniform application of Malaysia’s legal framework. No official statements from the Pardons Board or the Royal Palace have been released following the decision.

Implications of the ruling for legal and correctional frameworks in Malaysia

In the short term, Najib’s continued imprisonment reinforces the authority of judicial rulings on pardon matters and the necessity for clear constitutional compliance. This may impact operational protocols within correctional facilities across Selangor and the wider federal territories including Kuala Lumpur and Putrajaya, ensuring that all pardons and sentence variations conform to logged legal decisions. Meanwhile, the case highlights ongoing interpretations of the Federal Constitution’s provisions on royal pardons and their implementation. Over the longer term, this ruling could influence legislative or procedural reforms to streamline the pardons process and clarify contentious issues related to sentence modifications, including house arrest provisions.

The judiciary’s stance underscores the critical balance between executive clemency and statutory authority, an aspect of increasing relevance in Malaysia’s legal discourse. Correctional system management and legal practitioners are expected to monitor developments closely for any policy shifts arising from this case.