A DRAMATIC exchange unfolded in the Federal Court in Putrajaya on Wednesday as Tan Sri Muhammad Shafee Abdullah, counsel for former prime minister Datuk Seri Najib Razak, urged the apex court to immediately hear his client’s judicial review application over an alleged royal addendum authorising house arrest.
The plea came moments after a three-member panel, led by Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, unanimously dismissed the Attorney-General’s Chambers’ (AGC) final appeal to block Najib’s legal bid.
Shafee said the case was of pressing urgency due to its implications on Najib’s sentence and the ongoing uncertainty surrounding the purported royal directive.
“This application is urgent,” New Straits Times cited him telling the bench. “Najib cannot afford to lose another day in securing his right to serve his sentence under house arrest.”
Shafee warned that if the matter were remitted to the High Court, it would face months of delay and potentially years of appeals before any decision could be implemented.
“Given the possible appeals at the Court of Appeal and Federal Court, this case might take two to three years before he can be given house arrest,” he said.
Tan Sri Hasnah, however, firmly rejected the notion that the court was dragging its feet.
“You are just assuming, Tan Sri,” she responded. “I am the Chief Judge of Malaya. I give strict instructions for cases to be disposed of within 10 months.”
She noted that the court could not simply bypass procedure to accelerate proceedings, adding, “We are not robots. We need time to read documents and deliberate before delivering a decision.”
Hasnah stressed that the judicial review should be heard at the High Court level to preserve the parties’ rights to appeal.
“If we were to hear it here, the decision would be final, and that would deprive all parties of their right to appeal,” she said.
Shafee replied that his client was willing to forgo that right if it meant the matter could be resolved more quickly.
“Even if we move mountains, it would take at least two years,” he reiterated.
Attorney-General Tan Sri Mohd Dusuki Mokhtar supported the bench’s position, stating that the High Court was the proper forum to consider the matter in full.
In her ruling, Hasnah directed that the case be sent back to the High Court and fixed 18 August for case management. She also instructed that the full hearing take place one month later, with all parties to file their affidavits simultaneously in preparation. - August 13, 2025
