PUTRAJAYA: A three-judge panel of the Federal Court here has dismissed the preliminary objection raised by Datuk Seri Najib Razak against the Attorney General's application to obtain leave to appeal in his legal challenge pertaining to a royal addendum order that would purportedly allow him to go under house arrest.
The panel, chaired by Chief Judge of Malaya Justice Hasnah Mohammed Hashim unanimously dismissed Najib's preliminary objection after hearing submissions from parties here on Monday (March 24).
Other judges on the bench were Federal Court judges Justices Zabariah Mohd Yusof and Hanipah Farikullah.
The panel will proceed to hear the application for leave to appeal where the AG will argue on why the matter should be allowed to be heard on its full merits at the apex court.
The former prime minister filed the application for leave for judicial review on April 1, 2024.
Najib named the Home Minister, the Commissioner General of Prisons, the Attorney General, the Federal Territories Pardons Board, the Minister at the Prime Minister's Department (Law and Institutional Reform), director-general of the legal affairs at the Prime Minister's Department, and the government as the first to seventh respondents, respectively.
In the notice of application, he sought a mandamus order that all of the respondents or one of them answer and verify the existence of the addendum order dated Jan 29, 2024.
Najib is seeking a mandamus order where if the addendum order exists, all or one of the respondents must execute the royal order and immediately move him from Kajang Prison to his residence in Kuala Lumpur to serve his remaining sentence under house arrest.
On July 4, 2024, the Kuala Lumpur High Court dismissed Najib's application for leave, citing hearsay in supporting affidavits. He later won his appeal at the Court of Appeal.
The AG is seeking leave from the Federal Court to appeal the Court of Appeal's decision.
