THE implementation of house arrest for Datuk Seri Najib Razak should be temporarily suspended until further review and clarification regarding the interpretation of the conditional pardon order—as well as the implications of an ‘order of discharge’ are resolved, the Attorney General’s Chambers stated.
It added that, during this period, the former prime minister’s detention status must be maintained at his current place of confinement, subject to the authority and directives of the relevant authorities.
In a statement today, the AGC explained that this deferment follows the emergence of legal questions concerning the interpretation of the order dated September 18, 2026, specifically regarding the effect of the payment of a RM50 million fine on the remainder of Najib’s prison sentence in the SRC International case.
“There are two interpretations that require further examination. The first is that the payment of the RM50 million fine merely satisfies the fine component of the sentence, while the prison sentence for the SRC International case continues to run until August 23, 2028.
“In this scenario, house arrest serves as an alternative method or location for serving the remainder of the prison sentence, rather than signifying the conclusion of the sentence itself.
“The second interpretation is that the payment of the RM50 million fine acts as a condition for the pardon to take full effect, which would result in the entire sentence for the SRC International case, including the imprisonment, being considered fully served,” the department clarified.
The AGC further stated that the matter concerns the legal implications of an "Order of Discharge on Payment of Fine," dated 6 November 2026, issued by the Kuala Lumpur High Court following the recording of a RM50 million fine payment.
The order directed that Najib be released immediately; however, it simultaneously stipulated that the remainder of his sentence must be served via house arrest until 23 August 2028, in accordance with the terms of a Conditional Pardon.
Furthermore, the status of the remaining prison sentence in the SRC International case has implications for the execution of Najib’s prison sentence in the 1Malaysia Development Berhad (1MDB) case.
The AGC noted that this matter requires careful examination—specifically regarding the court order which mandates that the sentence for the 1MDB case shall commence only after the completion of the sentence for the SRC International case—as well as the application for a stay of execution in the 1MDB case, which was dismissed by the High Court on 14 October 2026.
Consequently, the AGC is of the view that a clear and definitive legal clarification must be obtained before any further enforcement actions are taken.
The AGC has advised that the implementation of house arrest for Najib should be deferred pending further review and clarification regarding the interpretation of the Conditional Pardon and the implications of the aforementioned court order.
During this interim period, Najib’s detention status shall remain unchanged at his current place of confinement, subject to the authority and directives of the relevant authorities.
The AGC emphasised that this temporary deferment is not intended to challenge or set aside the royal decree (titah) of the Yang di-Pertuan Agong; rather, it is intended to ensure that both the royal decree and the court order are implemented accurately, systematically, and in full compliance with the prevailing legal position.
The AGC will take further action once the review and clarification regarding the matter have been completed. - November 6, 2026
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