PETALING JAYA: The Attorney General's Chambers (AGC) has denied accusations of treason or attempting to override royal authority, explaining that its decision to seek judicial clarification regarding former Prime Minister Datuk Seri Najib Tun Razak’s house arrest is aimed at preventing legal conflicts between overlapping court orders and sentences.
In a media statement issued on Saturday (Nov 7), the AGC responded to claims made by Najib’s legal team, Shafee & Co., which accused the Attorney General of acting beyond his authority, disobeying royal decrees, and unlawfully continuing Najib's detention.
The AGC stated that it fully recognises the royal prerogative of pardon under Article 42 of the Federal Constitution and is not challenging or seeking to suspend the Conditional Pardon Decree issued by His Majesty Sultan Ibrahim, King of Malaysia.
However, the AGC said that legal questions have arisen following Najib's payment of a RM50mil fine on Nov 6 and the subsequent issuance of an Order of Discharge by the Kuala Lumpur High Court.
The central legal issue lies in how the discharge order in the SRC International case affects the execution of Najib’s remaining sentence and its direct overlap with his 1MDB case.
According to the AGC, the High Court previously ruled that Najib's prison sentence for the 1MDB trial must commence immediately after the completion of his SRC International sentence. Additionally, a request to stay the execution of the 1MDB sentence was rejected by the High Court on Oct 14, 2026.
"If the sentence in the SRC International case remains in effect, there is no issue regarding serving the remaining sentence under house arrest," the AGC said. "However, if the SRC International sentence is deemed legally completed upon payment of the fine, the court must determine its exact impact on the commencement date of the 1MDB sentence."
The AGC added that seeking court interpretation protects Najib's rights as well, as failing to clarify the legal position could risk detaining him unlawfully beyond his legal sentence or creating conflicting execution orders.
"Seeking judicial interpretation of how an order should be executed under existing laws does not constitute an attempt to usurp royal prerogatives or question the authority of the Sovereign," the statement read.
The AGC's clarification coincides with an official royal decree issued on Saturday by Istana Negara, where the King reaffirmed that the conditional pardon granted on Sept 18, allowing Najib to serve the remainder of his prison term under house arrest following the payment of the RM50mil fine, is clear, explicit, and unambiguous.
Istana Negara stated that because all conditions of the royal decree have been met, any arguments disputing or delaying the implementation of the royal order amount to disobeying the King’s command.
The AGC urged all parties to refrain from debating the matter through the media and to allow the judiciary to determine the legal execution of the orders in accordance with the rule of law.
