THE former prime minister Datuk Seri Najib Razak will continue serving his six-year sentence at Kajang Prison after the High Court today dismissed his application to enforce a house arrest order.
Justice Alice Loke Yee Ching clarified that the King’s power of clemency is a royal prerogative, but it must be exercised strictly within the constitutional framework set out in Article 42 of the Federal Constitution.
"These requirements do not envisage a decision by the King made independently of the Pardons Board," Justice Loke said. "While the power of clemency is a royal prerogative, it must be exercised within the constitutional framework. The existence of an order alone does not render it valid, as its validity depends on strict compliance with constitutional requirements."
The judge highlighted that the addendum order Najib sought, which would have allowed him to serve the remainder of his sentence under house arrest, was never deliberated or approved during the 61st meeting of the Pardons Board.
The meeting had only considered Najib’s requests for a full pardon and a reduction of his prison term. The minutes confirmed that the King’s only decision pertained to a reduction in Najib’s sentence and fine, with no mention of house arrest.
"There was no advice tendered by the Pardons Board on the matter. Therefore, the addendum order was not made in compliance with Article 42 and is not a valid exercise of the prerogative of mercy," she emphasised.
Justice Loke also rejected claims that the addendum could be considered a form of ‘respite’ granted independently. She noted that the order did not indicate any urgency and that Article 42 requires all clemency decisions to be deliberated by the Pardons Board.
The judge further ruled that under Malaysian law, house arrest cannot be executed as Section 43 of the Prisons Act 1995 vests the discretion for release on licence solely with the Commissioner-General of Prisons.
"The addendum order removes that discretion and is therefore inconsistent with the statutory framework," she added.
Najib, serving a reduced six-year sentence for misappropriating RM42 million from SRC International Sdn Bhd, has been imprisoned at Kajang since August 23, 2022. His original 12-year sentence was shortened following a decision by the Pardons Board.
Outside the Kuala Lumpur Court Complex, nearly 200 supporters who had gathered since early morning fell silent upon hearing the verdict.
Some were seen weeping and consoling one another. Suzzalina Hassan, 43, who had travelled from Lenggeng, Negeri Sembilan, expressed her disappointment: "I was willing to leave my work in Lenggeng and come here just to see and hear the decision for myself."
Asmawati Md Hassan, 50, arrived with fellow Umno members from Pekan, Pahang, travelling in seven buses. "We are all very frustrated and deeply disappointed," she said.
Meanwhile, Najib’s residence in Langgak Duta remained quiet following the ruling, with only domestic staff and security personnel visible.
Media personnel had largely dispersed, and no family members or guests were seen entering or leaving the property.
The High Court’s decision reinforces the constitutional principle that royal clemency must be exercised through the Pardons Board, underscoring that any attempt to circumvent this process is invalid under Malaysian law. - December 22, 2025
