The Attorney-General’s Chambers (AGC) has strong legal grounds to seek judicial clarification over the release order issued for former prime minister Datuk Seri Najib Razak, says DAP National Legal Bureau chairman Ramkarpal Singh.
He said the Kuala Lumpur High Court’s order, issued on Nov 6 following payment of Najib’s RM50 million fine, appeared to require his immediate and unconditional release.
However, Ramkarpal argued that this interpretation directly contradicted the conditional pardon granted by the Yang di-Pertuan Agong on Sept 18, which stipulated that Najib must serve the remainder of his sentence in the SRC International case under house arrest until 2028.
He stressed that the AGC’s decision to challenge the interpretation of the court order was legally justified and did not undermine the constitutional prerogative of the King.
“The position taken by the Attorney-General’s Chambers regarding the release order issued by the High Court has merit and does not in any way question the prerogative of the Yang di-Pertuan Agong,” he said in a statement on Facebook.
Ramkarpal explained that the term ‘release’ could be interpreted as a full discharge under the Prisons Act 1995, potentially creating an urgent legal conflict.
He said the wording appeared to require Najib’s immediate and unconditional release once the RM50 million fine had been paid.
Such an outcome, he argued, would contradict the conditional pardon, which requires Najib to remain under house arrest while serving the remainder of his sentence in the SRC case.
The Bukit Gelugor MP added that the matter was further complicated by Najib’s consecutive prison sentence in the 1Malaysia Development Berhad (1MDB) case.
The sentence in the 1MDB case is scheduled to begin immediately after he completes his SRC sentence, as no suspension of its implementation has been granted.
Ramkarpal also pointed out that although Najib’s residence had been gazetted as a prison for the purpose of serving his SRC sentence, that arrangement might not automatically apply to his separate 1MDB sentence.
