THE Malaysian Bar Council is seeking to suspend Datuk Seri Najib Razak's house arrest pending a judicial review of the legality of the arrangement, arguing that home detention is not recognised under Malaysian criminal law or the Federal Constitution.
In an application for leave filed at the High Court, the Bar is challenging the proceedings, decisions and arrangements made by the Pardons Board in relation to Najib's house arrest on Sept 18.
It is seeking a declaration that the entire process was unlawful, unconstitutional, ultra vires, null and void.
The application names the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, the Minister in the Prime Minister's Department (Law and Institutional Reform), the Commissioner General of Prisons and Najib as the first to fourth respondents respectively.
The matter is scheduled for hearing before High Court Judge Justice S. Indra Nehru today (Nov 12).
In a supporting affidavit affirmed by Bar secretary R. Jayabalan, the Bar contended that house arrest did not fall within the constitutional provisions governing a pardon, reprieve or respite.
It also argued that house arrest was not provided for under Malaysian criminal law and appeared to have been specifically tailored for one convicted individual, namely Najib.
The Bar further maintained that the offences for which Najib was convicted had "colossal and lasting adverse consequences" for the country.
"Public welfare has been (and continues to be) seriously damaged by his crimes. Malaysian citizens and taxpayers will continue to be burdened, for a long time to come," it said.
It also questioned the pardon application submitted by Najib, claiming that it contained no acceptance of guilt, contrition or remorse.
Should leave be granted, the Bar wants the court to stay or suspend the implementation of the house arrest arrangement until the judicial review is finally disposed of or further orders are made.
On Tuesday (Nov 10), the High Court ordered Najib to serve the remainder of his prison sentence in the SRC International Sdn Bhd case under house arrest until Aug 23, 2028, following a conditional pardon and full settlement of the RM50 million fine imposed in the case.
The fine was paid on Nov 6. - November 12, 2026
