Malaysia

Azalina: Home minister can declare any place, including a house, as prison

House arrest is already a permissible form of punishment under existing Malaysian law, without the need for new legislation

Updated 1 year ago · Published on 06 Mar 2025 4:58PM

Azalina: Home minister can declare any place, including a house, as prison
Azalina said Section 43 of the Prisons Act also allows the prisons commissioner general to release inmates on licence under specific conditions - March 6, 2025

HOUSE arrest is already a permissible form of punishment under existing Malaysian law, without the need for new legislation, said Minister in the Prime Minister’s Department Datuk Seri Azalina Othman.

In a written parliamentary reply on Lim Lip Eng (Kepong, DAP) she said Section 3 of the Prisons Act 1995 grants the minister of home affairs the authority to declare any home, building, or place as a “prison” for detaining inmates.

"In other words, the home minister has the power to declare a house as a lawful place to detain prisoners, subject to provisions under the Prisons Act," she said.

Lim had asked if the meeting minutes of the Federal Territories Pardons Board discussing Datuk Seri Najib Razak’s application to serve his remaining sentence at home can be declassified, and if the law allows it.

"The minutes have already been declassified after Najib filed for a judicial review to compel the government to execute a supplementary decree issued by the former king.

"Section 43 of the Prisons Act also allows the prisons commissioner general to release inmates on licence under specific conditions," she added.

Najib is currently serving his jail term after being convicted on seven charges related to abuse of power, criminal breach of trust, and money laundering involving funds from SRC International Sdn Bhd, a former subsidiary of 1Malaysia Development Bhd (1MDB).

In January the Court of Appeal, in a split ruling, granted Najib leave to proceed with his judicial review to compel the government to execute a supplementary decree issued by the former king. – March 6, 2025

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