Najib Fails In Bid To Block Agc From Arguing Merits Of Court Of Appeal Ruling On House Arrest Order

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Former prime minister Datuk Seri Najib Razak is pictured here at the Kuala Lumpur High Court Complex June 20, 2025. — Picture by Yusof Mat IsaPUTRAJAYA, July 1 — The Federal Court today dismissed a preliminary objection raised by former premier Datuk Seri Najib Razak to prevent the Attorney General’s Chambers (AGC) from presenting arguments in its ongoing appeal against a court ruling that granted a judicial review over a purported “supplementary order” for house arrest.
Chief Judge of Malaya Tan Sri Hasnah Mohammed Hashim, who chaired a three-judge panel, delivered the decision in the AG’s favour.
The other Federal Court judges on the panel were Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah.
In delivering the court’s decision, Hasnah said the questions pertaining to the admission of fresh or additional evidence were not hypothetical or academic as argued by Najib’s counsel.
She also said questions on the role of the AG in judicial review proceedings warranted a Federal Court decision, following contradictory positions taken by the High Court and Court of Appeal in the ongoing case.
“The issue of whether the addendum is a subject matter that is justiciable and can be reviewed by this court is also relevant to Article 42 of the Federal Constitution.
“Hence, it is our considered view that all the questions raised by the AG were neither academic nor hypothetical in nature.
“We therefore unanimously dismiss the preliminary objection by the respondent,” she said.
The AG’s appeal at the Federal Court is important as it will determine whether Najib’s court bid to ultimately be placed under house arrest can continue or not.
The hearing continues tomorrow.
On January 6, in a 2-1 majority decision, the Court of Appeal remitted the case on Najib’s claim of the existence of an additional document purportedly allowing him to serve the remainder of his six-year prison sentence under house arrest, to the High Court to be heard on its merits.
This decision overturned the High Court’s earlier ruling, which had dismissed his application for leave to commence a judicial review regarding the alleged additional document issued by the former Yang di-Pertuan Agong.
In his application for leave to seek judicial review filed on April 1, 2024, Najib claimed Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah issued the order during the January 29, 2024 meeting of the board, for the former to serve the remainder of his reduced sentence under house arrest.
In the application, Najib alleged that he received confirmation on February 12, 2024, about the issuance of the “supplementary order” or Addendum Order, which would allow him to serve a reduced prison sentence at home instead of the Kajang Prison where he is currently housed.
As part of his judicial review application, Najib seeks to compel the Federal government and the Pardons Board to produce a purported “supplementary order” from the previous Yang di-Pertuan Agong that would allow him to serve the remainder of his jail sentence under “house arrest”.
Other reliefs sought by Najib include for the court to compel the execution of said supplementary order.
On February 2, 2024, the Pardon’s Board halved Najib’s sentence to six years for misappropriating funds amounting to RM42 million, which means he could be released as early as August 23, 2028.
Najib has been imprisoned since August 23, 2022, after the Federal Court upheld his conviction for criminal breach of trust, power abuse, and money laundering over the misappropriation of SRC International Sdn Bhd’s funds.
The Pardon’s Board said it had also decided to reduce his RM210 million fine to RM50 million, and his early release would be contingent on him paying this amount. - malaymail

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