MELAKA: Placing Datuk Seri Najib Razak under house arrest without first resolving the legal meaning of an order of “discharge” could potentially expose the authorities to an allegation of wrongful detention, says Datuk Seri Saifuddin Nasution Ismail (pic).
The Home Minister said the issue was how to lawfully implement it when there appeared to be differing interpretations of the relevant legal documents.
He said the Pardons Board’s decision was for Najib to serve the remainder of his sentence under house arrest after paying the RM50mil fine.
However, an order of discharge issued by the court could be understood to mean that Najib must be released from prison custody entirely, he said.
“If the court says it means release, then the Prisons Department must release Datuk Seri Najib under that order.
“But if, instead, we send him to house arrest, it could become a wrongful detention,” he told reporters.
Saifuddin Nasution said his ministry was not challenging the Pardons Board’s decision nor questioning the Yang di-Pertuan Agong’s constitutional powers in granting clemency.
“The King’s decree, through the Pardons Board’s decision, is not being questioned by anyone. We comply with it; not one sentence, one comma or one matter has been changed,” he said.
Saifuddin Nasution said a house arrest and a discharge were legally distinct where under the former, a person would remain under the Prisons Department’s authority and continue serving the remainder of the sentence at a gazetted residence instead of a prison.
“A discharge means release. If it is a release, the Prisons Department no longer has authority over the person,” he said.
The ministry, he added, could not simply choose between the two interpretations because both involved legal documents and legal terminology.
Saifuddin Nasution said the Attorney General had been asked for a legal opinion and the matter would be taken to court.
“When there are two interpretations, the court is the best platform. The Home Ministry will comply with and respect the court’s decision,” he said.
Istana Negara said on Saturday that Najib’s pardon was clear and not linked to any other case and that with all its conditions fulfilled, disputing it borders on defying the King’s decree.
The Attorney General’s Chambers, in a statement, denied that the Attorney General had exceeded his authority or caused Najib to be unlawfully detained.
Najib remains in Kajang Prison, with his house arrest still on hold.
