Agong: Disputing Najib's conditional pardon could amount to insubordination
Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar has decreed that any argument disputing the conditional pardon granted to former prime minister Najib Abdul Razak could be tantamount to defying the King’s order.
His Majesty’s warning today came after the Attorney-General’s Chambers (AGC) yesterday called for an immediate temporary suspension of Najib’s house arrest pending clarification of legal questions surrounding his conditional pardon.
The AGC’s advice came hours after Najib’s lawyers...
Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar has decreed that any argument disputing the conditional pardon granted to former prime minister Najib Abdul Razak could be tantamount to defying the king’s order.
His Majesty’s warning today came after the Attorney-General’s Chambers yesterday called for an immediate temporary suspension of Najib’s house arrest pending clarification of legal questions surrounding his conditional pardon.
The AGC’s advice came hours after Najib’s lawyers fulfilled the payment of his RM50 million fine, which was raised through a fundraising initiative set up by Umno. The payment was a prerequisite for his house arrest.
In a statement from Istana Negara, His Majesty stressed that the power to grant pardons is a royal prerogative under Article 42 of the Federal Constitution and must be respected in accordance with the principles of constitutional monarchy and the rule of law.
“Given that all conditions in the conditional pardon decree have been met, any argument disputing the order leans towards disobeying the decree of the Yang di-Pertuan Agong,” the King said.
His Majesty also pointed out that Attorney-General Dusuki Mokhtar had attended the Sept 18 Pardons Board meeting, which deliberated on Najib’s pardon application, arguing that there should be no uncertainty over the terms of the decision.
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“This conditional pardon decree is clear, explicit, without any ambiguity, and is not connected to any other cases against (Najib),” he added.
AGC cites two interpretations
In calling for a temporary halt to Najib’s house arrest, the AGC yesterday said legal queries had arisen over the interpretation of the conditional pardon granted by the King on Sept 18.
The pardon order required Najib to pay a RM50 million fine before serving the remainder of his sentence under house arrest. However, the AGC said this condition could be interpreted in two ways, with significantly different implications for his detention.
Under the first interpretation, payment of the fine settles only the financial penalty, while Najib’s prison sentence for his SRC International conviction continues until Aug 23, 2028, with house arrest serving as an alternative way of completing the remainder of his sentence.
Under the second interpretation, payment of the fine fulfils the condition for the pardon to take full effect, meaning Najib’s entire sentence, including the prison term, is deemed completed.
The AGC also raised the implications of Najib’s separate 1MDB-related charges, citing the High Court’s Oct 14 rejection of his application to postpone the execution of the sentences imposed in that case. Whether any part of his SRC sentence remained, it said, would also have implications for his 1MDB sentence.
READ MORE: 'Why was RM50m accepted?': Najib's daughter slams delays in house arrest
Lawyers demand release
In a response to the AGC’s statement, Najib’s lawyers similarly highlighted that Dusuki is a member of the Pardons Board and had attended the Sept 18 meeting.
Cautioning that the AGC’s position could amount to contempt or treason against the King, Messrs Shafee & Co demanded that the Prison Department expedite Najib’s release into house arrest.
The lawyers also challenged the AGC to bring its questions over the conditional pardon before the courts.
Following the king’s decree today, one of the lawyers, Farhan Shafee, affirmed that there is no basis for the relevant authorities to keep Najib in Kajang Prison.
“They must transfer him immediately to his residence at Jalan Langgak Duta to serve his house arrest, as His Majesty has ordered. Daulat Tuanku,” Farhan said in a brief statement.
The confusion arising was the high court discharge issued which led to AGC confusion. This need to be sorted out
Dusuki baru bangun ke? Where were all the 'interpretation' issues all this time? BTW is the Agung aware that RM30 billion of 1mdb funds are unaccounted for? Maybe he can tell us who is going to pay that.
The public was told that Najib would pay the RM50 million fine and serve the remainder of his SRC sentence under house arrest. Naturally, people want to know why a second interpretation appeared only after payment, especially when the Attorney-General attended the Pardons Board meeting. The King has now clarified that the decree is explicit and does not cover Najib’s other cases. The authorities need to explain how those separate sentences affect its implementation and resolve this promptly. As for Rafizi and Bersama, I am tired of seeing public anger treated as a political opportunity. If you want to speak about accountability, explain clearly whose decision this was and who has the authority to make it. Do not leave people with the impression that PMX can simply cancel or rewrite a royal pardon. I hope this clarification brings some restraint. Malaysians deserve leaders who help them understand an issue, instead of keeping them angry because there is political mileage in it.
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