Malaysia

Najib’s decision raises constitutional and legal concerns, says Haniff Khatri

He stressed that, regardless of the circumstances, the power of pardon remains a royal prerogative under the Federal Constitution.

Updated 5 months ago · Published on 22 Dec 2025 1:31PM

Najib’s decision raises constitutional and legal concerns, says Haniff Khatri
He said a full assessment should only be made after the written judgment is released. - December 22, 2025

by Alfian Z.M. Tahir

SENIOR lawyer Haniff Khatri Abdulla has raised constitutional and legal concerns following the High Court’s oral decision this morning on Datuk Seri Najib Razak’s bid related to a purported royal addendum for house arrest, urging that a full assessment should only be made after the written judgment is released.

Haniff said it was crucial to be fair to the factual and legal background of the case, noting that this was the first time in Malaysian history that an alleged titah adendum—a royal directive said to have been issued outside the Pardons Board meeting in 2024—had surfaced and been subjected to judicial scrutiny.

“This is the first time the court has been called upon to evaluate the validity of such a titah, which was not issued as part of a Pardons Board meeting,” he said following the court’s decision.

He stressed that, regardless of the circumstances, the power of pardon remains a royal prerogative under the Federal Constitution.

By finding that the alleged addendum did not comply with Article 42—on the basis that it was neither discussed nor decided at a Pardons Board meeting—the court, he argued, had indirectly questioned a long line of constitutional interpretations and case law since Merdeka.

According to Haniff, previous authorities have held that procedural irregularities within the Pardons Board process, including the absence of certain members such as the Attorney General, do not invalidate a royal pardon.

“In effect, this decision appears to call into question the authority and dignity of the Yang di-Pertuan Agong’s prerogative powers, particularly in matters of pardon,” he said.

This morning, former prime minister Najib suffered a legal setback as the High Court dismissed his application to serve the remainder of his six-year prison sentence under house arrest, compelling him to continue his incarceration at Kajang Prison.

High Court judge Alice Loke Yee Ching ruled that the add-on order, previously issued by the former Yang di-Pertuan Agong to permit Najib’s house arrest, is invalid and cannot be implemented.

The decision underscores that Najib must complete the remaining duration of his sentence in prison, reaffirming the court’s stance on the enforceability of custodial sentences. The ruling also highlights the legal limitations surrounding any royal directives aimed at altering the conditions of imprisonment.

Haniff also took issue with remarks attributed to the court in its oral ruling, as reported by the media, suggesting that the Prisons Department was the sole authority empowered to issue an order for house arrest.

He said such an interpretation could be seen as subordinating the royal prerogative of mercy to the authority of another institution.

“Is that a correct constitutional interpretation?” he asked, adding that the issue warranted deeper legal examination.

He emphasised that all parties should await the full written grounds of judgment before drawing definitive conclusions, noting that Najib retains the right to appeal.

Haniff further highlighted the scope of Article 42 of the Federal Constitution, which provides that the power of pardon includes granting a pardon, remitting, suspending, or “relieving” a sentence.

He questioned whether the court had adequately addressed the constitutional meaning of “relieving” a punishment.

“The Constitution is not drafted without purpose. Every word has meaning,” he said, arguing that serving a sentence under house arrest could reasonably fall within the category of relieving a punishment.

“In my view, transferring the execution of a custodial sentence from prison to home detention can constitute a lawful form of relief,” he added.

Haniff reiterated that a comprehensive legal analysis could only be undertaken once the written judgment is available, and expressed confidence that Najib’s lawyers would rely on appropriate constitutional provisions in advancing their arguments at the appellate stage. – December 22, 2025

Related News

Malaysia / 1w

Court allows Daim's daughter to permanently keep passport

Opinion / 1w

A kingdom is not a prize to be seized

Malaysia / 1mth

Siti Kasim expresses gratitude after winning defamation suit, says it had no merit

Malaysia / 1mth

Cabinet did not discuss Jho Low’s pardon bid, says Fahmi

Opinion / 1mth

Is Negeri Sembilan’s future being held hostage?

Malaysia / 1mth

Lawyer jailed 14 days, fined RM12,000 for drunk driving

Spotlight

Malaysia

Video of individuals, believed to be Rohingyas, sleeping in MRT goes viral

By Alfian Z.M. Tahir

Malaysia

Woman claims RM4 million condo transferred without consent after investment scheme collapse

Malaysia

Outstanding judgment paid to Teresa Kok, auction of Jamal's property called off

Malaysia

PH defers Johor MB post decision as Loke prioritises election victory

Events

International media networks need to be strengthened to face global challenges

By Ian McIntyre

Malaysia

Over 250 homes damaged in Bercham storm (video)

Malaysia

Johor state election: DAP bets on Malay candidate in Ulu Tiram

Opinion

ASEAN’s renaissance: A new lease of life in the multipolar world

You may be interested

Malaysia

K9 unit deployed in manhunt after 15-year-old girl brutally assaulted and robbed

Malaysia

Outstanding judgment paid to Teresa Kok, auction of Jamal's property called off

Malaysia

MUKMIN pushes for united Indian Muslim voice, rolls out scholarships and jobs push

By Alfian Z.M. Tahir

Malaysia

UPM industrial trainee's death caused by drowning, case classified as sudden death

Malaysia

Foreign nationals birth registrations exceed 60,000 since 2000 with no guarantee of citizenship

Malaysia

Peeping Tom detained by public after allegedly filming woman inside restaurant toilet

Malaysia

Malaysia's hidden nutrition crisis puts future workforce at risk, childhood obesity worsens

Malaysia

Rahmah aid expansion to RM15 billion reaches 9 million Malaysians - Amir Hamzah