Malaysian Bar Mounts Fresh Legal Challenge Over Decision On Najib House Arrest

KUALA LUMPUR, Nov 11 (Bernama) -- The Malaysian Bar has filed a fresh legal action challenging the Federal Territories Pardons Board's decision allowing former prime minister Datuk Seri Najib Tun Razak to serve the remainder of his prison sentence in the SRC International Sdn Bhd case under house arrest.

The Bar filed the application for leave of judicial review on Nov 10 at the High Court here, naming the Federal Territories Pardons Board, Minister in the Prime Minister's Department (Law and Institutional Reform), Director-General of Prisons and Najib as respondents.

The media obtained the documents today. The application will be heard before Justice S. Indra Nehru tomorrow.

In the application, the Bar seeks a declaration that any proceedings or decision purportedly made under Articles 40 and 42 of the Federal Constitution is invalid in law and contradicts the Federal Constitution.

This includes the decision announced through a media statement dated Sept 18, 2026 by the second respondent, allowing Najib to serve the remainder of his sentence by way of "house arrest" or "home detention."

The Bar further seeks an order to quash the Pardons Board's proceedings and decision, as well as an order for the house arrest of the former prime minister to be stayed immediately, should leave be granted, pending the outcome of the judicial review.

In an affidavit affirmed by Malaysian Bar secretary Jayabalan Raman Kutty, the Bar stated that the application involves important principles concerning constitutional and fundamental rights.

The Bar said house arrest does not fall within the meaning of a pardon, suspension of sentence or remission of sentence under Article 42 of the Federal Constitution.

Jayabalan alleged that the Pardons Board had failed to properly consider relevant factors, including Najib's convictions and prison sentences in other cases, the financial burden caused by his crimes and the impact on public confidence in anti-corruption efforts.

Yesterday, the High Court ordered the former prime minister to serve the remainder of his prison sentence in the SRC International case under house arrest at his residence in Langgak Duta here, effective immediately.

Justice Datuk Aslam Zainuddin set aside the High Court Criminal Registry's Nov 6 discharge-on-payment order for a RM50 million fine against Najib, 73, and issued a new order.

-- BERNAMA