KUALA LUMPUR, Nov 6 — The Attorney-General's Chambers (AGC) says the implementation of house arrest for former prime minister Datuk Seri Najib Razak should be deferred temporarily.
The deferment should stand until further scrutiny and clarification of the interpretation of the Conditional Pardon Order and the effect of the Order of Discharge are resolved.
It said that throughout the deferment period, Najib should remain at his current place of detention, subject to the powers and directions of the relevant authorities.
"This temporary deferment is not intended to dispute or set aside the Yang di-Pertuan Agong's decree; rather, it is a measure to ensure that the decree and the related court orders are executed accurately, in an orderly manner and in line with the true legal position," the AGC said in a statement today.
It will take further action once the scrutiny and clarification of the matter are completed.
The AGC added that it takes note of the Conditional Pardon Order dated September 18, 2026, which was granted by His Majesty Sultan Ibrahim, the King of Malaysia, for Najib to serve the remainder of his sentence under house arrest until August 23, 2028, subject to his settling the RM50 million fine and complying with the stipulated conditions.
Legal questions have arisen over how the phrase "to serve the remainder of the sentence under house arrest until August 23, 2028, subject to his paying the RM50 million fine" should be interpreted, and regarding its effect on the remaining prison term in the SRC International case.
It said further scrutiny is needed to determine whether paying the RM50 million fine satisfies only the fine component, while the remaining prison sentence in the SRC International case continues until August 23, 2028.
"Under this interpretation, house arrest is an alternative method or place for serving the remainder of the prison sentence, and not a termination of the prison sentence," the AGC said
A second interpretation is that paying the RM50 million fine is a condition that allows the pardon to take full effect, with the consequence that the entire sentence in the SRC International case, including the prison term, is deemed completed.
It noted that the confusion also involves the legal implications of the Order of Discharge on Payment of Fine dated Nov 6, 2026, which orders immediate release while also stipulating that the remainder of the sentence be served through house arrest until August 23, 2028.
Similarly, the status of the remaining prison sentence in the SRC case directly affects the implementation of Najib's prison sentence in the 1Malaysia Development Berhad (1MDB) case.
This follows a court order stipulating that the 1MDB sentence must begin after the completion of the SRC International sentence, taking into account the stay of execution application in the 1MDB case, which the High Court dismissed on October 14.
"Given that the issues raised involve complex legal questions with implications for the execution of the pardon decree and court orders, and constitute a situation never encountered before, the AGC is of the view that clear and definitive legal clarification must be obtained before any further enforcement action is taken," the AGC said.
Najib settled the RM50 million fine imposed on him in the SRC International Sdn Bhd fund misappropriation case at the High Court’s Criminal Registry today.
His special officer Ahmad Lutfi Azhar attended court at 11.30am to settle the payment and complete the necessary administrative procedures before it was finalised.
The payment is among the conditions of the conditional pardon granted by the Yang di-Pertuan Agong on September 18, allowing him to serve the remainder of his prison sentence under house arrest until August 23, 2028.
Najib, 73, has served his sentence at the Kajang Prison since August 23, 2022, after being convicted of misappropriating RM42 million in SRC International funds.
