KUALA LUMPUR: The Kuala Lumpur High Court on Monday (Dec 22) rejected former Prime Minister Najib Razak’s bid to serve the remainder of his prison sentence under house arrest.
The ruling means the 72-year-old will continue serving his jail term at Selangor’s Kajang Prison.
Justice Alice Loke’s decision marks the latest development in Najib’s legal bid for house arrest that began in April 2024. The defence has indicated it will file an appeal.
The judge said the king must exercise his power and functions in accordance with the provisions of the federal constitution.
“The exercise of the prerogative of power of mercy is no exception. It must be exercised within the legal framework providing for safeguards and limits in the constitution,” she said.
She said that the royal addendum order was not deliberated or decided on at the 61st Pardons Board meeting in January last year when it agreed to reduce Najib’s sentence.
The order did not comply with Article 42 of Malaysia’s federal constitution, which grants the King and State Rulers or Governors the power to grant pardons, reprieves and respites for offences, the judge added.
“Consequently, it is not a valid order. The respondents have no power and no duty to obey or enforce it. Conversely the applicant has no right to the relief of mandamus. In the circumstance, the judicial review application is therefore dismissed,” she said.
