PUTRAJAYA: The Federal Court has granted Attorney-General Datuk Mohd Dusuki Mokhtar's application to appeal against the existence of an alleged royal addendum involving former prime minister Datuk Seri Najib Tun Razak.
Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim, who chaired a three-member bench, delivered the unanimous decision.
Also presiding were Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah.
The addendum is linked to allowing Najib to be under house arrest.
Najib filed the application for leave for judicial review on April 1, 2024.
He 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 legal affairs at the Prime Minister's Department, and the government as the first to seventh respondents, respectively.
In the notice of application, Najib sought a mandamus order for all respondents or one of them to verify the existence of the addendum order dated January 29, 2024.
Najib seeks a mandamus order that, if the addendum order exists, all or one of the respondents must execute the royal order and 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.
On January 6, Najib won his appeal in a 2-1 majority decision at the Court of Appeal. The appellate court remitted his judicial review application to the High Court, which is set for hearing on Monday (April 28).
On January 20, the Attorney-General's Chambers applied for a gag order, citing that the case involved sensitive issues. The gag order is against public discourse to stop prejudicial comments in the case and ensure a fair trial.
The AG later filed to obtain leave from the Federal Court to appeal the Court of Appeal's decision.
