PETALING JAYA: The house arrest for former prime minister Datuk Seri Najib Razak should be postponed for now, says the Attorney General's Chambers.
In a statement on Friday (Nov 6), the AGC said Najib would remain at the existing detention centre, subject to instructions and orders from relevant authorities.
"This temporary deferment is not intended to question or set aside the decree of the Yang di-Pertuan Agong.
"Rather, it is to ensure that the decree and the related court orders are implemented accurately, in an orderly manner and in accordance with the correct legal position," it said in a statement on Friday (Nov 6).
The AGC said under the Conditional Pardon Order, Najib is permitted to serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to payment of the RM50mil fine and compliance with stipulated conditions.
"However, a legal question has arisen concerning the interpretation of the phrase 'serve the remainder of his sentence under house arrest until Aug 23, 2028, subject to payment of the RM50mil fine and its effect on the remaining prison sentence in the SRC International case.
"Specifically, two interpretations require further examination.
"Firstly, payment of the RM50mil satisfies only the fine component of the sentence, while the prison sentence in the SRC International case continues until Aug 23, 2028.
"Under this interpretation, house arrest constitutes an alternative method or location for serving the remainder of that prison sentence, rather than terminating the prison sentence," it said.
The payment of the RM50mil fine is the condition that allows the pardon to take full effect, with the consequence that the entire sentence in the SRC International case, including the prison sentence, is deemed to have been completed, said the AGC.
"This question also concerns the legal effect of the Order of Discharge on Payment of Fine dated Nov 6, 2026, issued by the High Court of the Federal Territory of Kuala Lumpur after payment of the RM50mil fine was recorded.
"The order directs that Najib be released immediately but at the same time states that the remainder of his sentence must be served under house arrest until Aug 23, 2028, pursuant to the Conditional Pardon Order," it said.
In addition, the AGC said the question of the status of the remaining prison sentence in the SRC International case has implications on the enforcement of the prison sentence imposed on Najib in the 1Malaysia Development Berhad (1MDB) case, particularly in relation to the court order stipulating that the sentence in the 1MDB case must begin upon completion of the prison sentence in the SRC International case.
"This matter must also be examined in light of the application for a stay of execution of the sentence in the 1MDB case, which the High Court dismissed on Oct 14, 2026.
"Given that the issues raised involve complex legal questions, have implications for the implementation of the royal pardon and court orders and present an unprecedented situation, the AGC is of the view that clear and definitive legal clarification must be obtained before further measures are taken," it said.
"Accordingly, it is appropriate for the house arrest to be temporarily deferred until further examination and clarification of the interpretation of the Conditional Pardon Order and the effect of the Order of Discharge have been completed," it said.
The AGC said it would take further action once the examination and clarification of this matter have been completed.
Ahmad Lutfi Azhar, special officer to Najib, said a statement is expected to be issued on Friday night.
He was asked when Najib is expected to return home to serve the remainder of his sentence under house arrest.
