If upheld, the addendum would allow him to complete the remainder of his sentence at his Jalan Langgak Duta residence
KUALA LUMPUR: The High Court is set to rule today on whether former prime minister Datuk Seri Najib Razak (pic) can serve the remainder of his six-year prison sentence under house arrest — a decision that could reshape one of Malaysia’s most high-profile legal cases.
Najib, who has been incarcerated at Kajang Prison since the Federal Court dismissed his final appeal in 2022 over the SRC International scandal, filed a judicial review last April seeking to enforce a purported royal addendum.
If upheld, the addendum would allow him to complete the remainder of his sentence at his Jalan Langgak Duta residence.
High Court judge Justice Alice Loke is reported to deliver her verdict at 9am, drawing close attention from legal experts, political observers and the public.
A ruling in Najib’s favour could see him leave prison almost immediately, marking a significant turn in his long-running legal saga.
The case returned to the High Court after the Federal Court on Aug 13 remitted the matter for a full hearing on its merits before a new judge, following its dismissal of the Attorney General’s application for leave to appeal a Court of Appeal ruling related to the alleged addendum.
In his judicial review, Najib, 72, is seeking a mandamus order compelling the authorities to confirm and disclose the existence of the purported document dated Jan 29, 2024.
He has named the Home Minister, Commissioner-General of Prisons, Attorney-General, 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 director-general of the Legal Affairs Division in the Prime Minister’s Department, and the Government of Malaysia as respondents.
Najib is also asking the court to order that, if the additional document is proven to exist, the relevant authorities be compelled to enforce it immediately, including transferring him from Kajang Prison to his Kuala Lumpur residence.
However, the path to home confinement is not straightforward.
The Attorney-General’s Chambers (AGC) has indicated it would appeal any decision permitting house arrest, potentially delaying Najib’s release.
Najib’s lawyer, Tan Sri Muhammad Shafee Abdullah, said last week that such an appeal should not obstruct his client’s right to liberty.
“This case involves the very freedom of my client,” he said at a press conference. “He must be allowed to return home without unnecessary delay.”
Najib was originally sentenced by the High Court to 12 years’ imprisonment and fined RM210 million after being convicted of misappropriating RM42 million from SRC International Sdn Bhd — a decision upheld by both the Court of Appeal and the Federal Court.
However, his petition for a royal pardon in September 2022 resulted in the Pardons Board reducing his prison term to six years and cutting the fine to RM50 million.
The case raises broader legal and constitutional questions, including the scope of royal directives and the circumstances under which they can influence custodial sentences.
The purported royal addendum has also sparked debate, with legal analysts warning that the High Court’s ruling could set an important precedent.
Adding to the complexity, Najib continues to face separate corruption proceedings linked to public fund misappropriation, meaning today’s decision may influence the trajectory of his wider legal battles.
As Malaysians await the verdict, the High Court’s ruling promises to be a defining moment — not only for Najib but also for the nation’s legal framework governing pardons, royal directives and the enforcement of custodial sentences.
By the end of today, the fate of one of Malaysia’s most prominent political figures could be rewritten, with law, politics and public scrutiny converging in real time.
