Najib’s house arrest: What did the AGC ask the High Court to clarify today?

KUALA LUMPUR, Nov 10 — The Attorney General’s Chambers (AGC) today sought to ensure that Datuk Seri Najib Razak’s house arrest arrangements explicitly provided for his return to Kajang Prison on August 24, 2028, to serve his separate 1Malaysia Development Berhad (1MDB) prison sentence.

In its written application, the prosecution requested that the High Court replace a November 6 discharge order with new terms clarifying Najib’s remaining SRC International sentence and his subsequent imprisonment in the 1MDB case.

The application specified that Najib should “be transferred back to Kajang Prison on August 24, 2028, to serve the sentence imposed on him in the 1MDB case”.

It also sought to specify that his SRC sentence would end on August 23, 2028, with his return to prison subject to any court order then in force.

The prosecution said the 1MDB prison sentence had been directed to begin once his SRC sentence ended, arguing that “the end date of the SRC sentences must be stated with certainty”.

It explained that Najib’s payment of the RM50 million fine on November 6 discharged his liability for the fine and imprisonment for non-payment, but did not extinguish his remaining SRC prison sentence.

The AGC also argued that the earlier discharge order, which used a standard form for release upon payment of a fine, could be interpreted as releasing Najib from his remaining SRC sentence altogether.

Citing provisions of the Criminal Procedure Code governing imprisonment warrants, the prosecution said there was an urgent need for a clear order in accordance with the law.

High Court grants AGC’s application

High Court judge Datuk Aslam Zainuddin subsequently granted the prosecution’s application, setting aside the November 6 discharge order and allowing Najib to serve the remainder of his SRC sentence under house arrest until August 23, 2028.

According to Bernama, Judge Aslam said the court would replace the earlier order “entirely with the order sought in this application”.

The new order also provides for Najib’s return to Kajang Prison on August 24, 2028, to serve his separate 1MDB sentence, Bernama reported.

At the hearing, Najib’s lead counsel Tan Sri Muhammad Shafee Abdullah had argued that the original discharge order was already clear, as the RM50 million fine required under the conditional royal pardon had been paid.

Speaking to reporters afterwards, Shafee welcomed the court’s clarification despite maintaining that the original order was sound.