THE Attorney-General’s Chambers (AGC) has challenged the Malaysian Bar’s attempt to obtain judicial review of Datuk Seri Najib Razak’s house arrest arrangement, arguing that the underlying decision involves the constitutional powers of the Yang di-Pertuan Agong and cannot be questioned in court.
Federal Counsel Ahmad Hanir Hambaly @ Arwi told the High Court that the decision being challenged concerned the King’s role in chairing the Federal Territories Pardons Board, which he argued was not subject to judicial adjudication.
He said the AGC had received the application only two days earlier via email and required more time to examine it before submitting its objections in writing.
“The decision being challenged relates to the decision of the Yang di-Pertuan Agong, who chaired the Pardons Board meeting, which cannot be adjudicated by the courts,” he said during proceedings today.
Najib’s counsel, Muhammad Farhan Muhammad Shafee, also sought permission to submit written arguments, saying the eventual court decision would have implications for the house arrest arrangement currently being served by his client.
Malaysian Bar counsel Zainur Zakaria did not object to both the AGC and Najib’s legal team being given time to prepare their submissions.
High Court judge S. Indra Nehru subsequently ordered all parties to file their written submissions by Dec 14 and fixed March 17 next year for the hearing of the AGC’s objection to the Bar’s application for leave.
The Malaysian Bar filed the application on Nov 10, naming the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya as the first respondent.
The other respondents are the Minister in the Prime Minister’s Department (Law and Institutional Reform), the Commissioner-General of Prisons Malaysia and Najib.
The Bar is seeking a declaration that the house arrest arrangement granted to Najib by the Pardons Board on Sept 18 was unlawful and unconstitutional.
It is also seeking a certiorari order to quash the decision and related proceedings, together with an immediate stay of the arrangement pending the outcome of the judicial review, should leave be granted.
On Nov 6, Najib paid the RM50 million fine at the High Court’s revenue payment counter and deposit office, enabling him to serve the remainder of his prison sentence in the SRC International Sdn Bhd case under house arrest.
He returned to his Langgak Duta residence on Nov 10 to serve the remainder of his sentence under the arrangement. - November 12, 2026
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