PETALING JAYA: The Malaysian Bar will challenge the Pardons Board’s decision and advice concerning Datuk Seri Najib Razak’s second pardon, while maintaining its appeal against the board’s decision on his first pardon.
Malaysian Bar president Anand Raj said the Bar would pursue the challenge through its solicitors, amid continuing legal uncertainties surrounding Najib’s conditional pardon and the proposed house arrest arrangement.
The second pardon, announced on Sept 18, allows Najib to serve the remainder of his SRC International sentence under house arrest until Aug 23, 2028, subject to payment of a RM50mil fine.
"The Malaysian Bar will, through its solicitors, challenge the decision and advice of the Pardons Board concerning the second pardon, while maintaining its appeal in relation to the Pardons Board’s decision and advice on the first pardon," said Anand.
The Bar said its position was also grounded in the constitutional framework governing pardons, stressing that a pardon, reprieve or respite following a conviction did not amount to an exoneration of guilt or remove the underlying wrongdoing.
Najib was convicted by the High Court in 2020 on seven charges involving RM42mil in SRC funds and sentenced to 12 years' imprisonment and a RM210mil fine. The conviction and sentence were subsequently upheld by the Court of Appeal and Federal Court.
In January 2024, the Pardons Board reduced his prison term to six years and his fine to RM50mil.
The Malaysian Bar subsequently sought leave for a judicial review of the first pardon, but the High Court rejected its application in November 2024. The Bar appealed, with the Court of Appeal scheduled to deliver its decision on Jan 7, 2027.
The Malaysian Bar said the second pardon raised further legal uncertainties, particularly as Malaysia does not currently have a formal house arrest framework.
It noted that the Prison (Amendment) Bill 2026, which includes provisions relating to electronic monitoring devices, had only been tabled for first reading in June and had yet to become law.
The Bar is also calling for greater transparency, including the declassification and publication of official minutes of Pardons Board meetings concerning both pardons.
It further wants the full conditions attached to Najib's house arrest to be disclosed, including monitoring protocols, enforcement arrangements and additional costs to taxpayers.
The Bar said clear and objective criteria would also be needed should other prisoners seek similar pardons or house arrest arrangements, citing Article 8(1) of the Federal Constitution, which provides that all persons are equal before the law and entitled to equal protection of the law.
