KUALA LUMPUR: Legal questions over the interpretation of the conditional pardon order and a subsequent discharge order had delayed the implementation of Datuk Seri Najib Razak’s house arrest, said Home Minister Datuk Seri Saifuddin Nasution Ismail.
Responding to the High Court’s decision today allowing the former prime minister to serve the remainder of his SRC International sentence under house arrest, Saifuddin said the ruling had clarified the legal issues.
He said questions surrounding the conditional pardon order and the Nov 6 discharge order, particularly the provision for house arrest, had held up its implementation.
Saifuddin said the ministry was now ready to implement the court’s decision to set aside the Nov 6 order for Najib’s discharge upon payment of a fine and allow him to serve the remainder of his six-year sentence under house arrest until Aug 23, 2028.
“In this regard, the ministry respects the Attorney-General’s Chambers’ position that these questions should be clarified through judicial proceedings.
“This approach is important to ensure that every government action has a clear, orderly and lawful legal basis,” he said.
He said the ministry and the Prisons Department would ensure that all decisions on the implementation of sentences and detention complied with the law and valid court orders.
“The ministry has always respected and upheld royal pardon decisions granted by His Majesty the Yang di-Pertuan Agong, in accordance with the powers vested under Article 42 of the Federal Constitution.
“Every decision made through constitutional channels must be respected and implemented in accordance with the law,” he said.
Article 42 of the Federal Constitution provides for the power to grant pardons, reprieves, respites and remissions, as well as to suspend or commute sentences.
Saifuddin described the case as high-profile, with significant political implications and public interest, and urged all parties to handle it responsibly.
He said political polemics should not undermine public confidence in the country’s institutions.
“The government will continue to uphold the position and role of the Malay Rulers within the framework of a constitutional monarchy, while safeguarding the supremacy of the Constitution, the rule of law and the independence of the judiciary.
“These principles complement one another and form the foundation of the country’s stability,” he said.