KUALA LUMPUR: Datuk Seri Najib Razak could be sent back to prison if he violates house arrest conditions, says Datuk Seri Saifuddin Nasution Ismail.
The Home Minister also dismissed claims that the government had deliberately delayed the house arrest arrangement or applied double standards in allowing the former prime minister to serve his sentence at home.
“If any breach occurs, the individual who violates the conditions will be immediately returned to Kajang Prison or any other prison designated by the Commissioner General of Prisons,” he told the Dewan Rakyat yesterday.
“All the details have been set out in the prison compliance instructions and procedures.
“The principle is clear. Conditions have been imposed, and if they are breached, the order will be immediately revoked, and the individual will be returned to prison.”
Saifuddin Nasution was responding to Bukit Gelugor MP Ramkarpal Singh, who had asked if Najib would be sent back to Kajang Prison if there was a breach of conditions.
Ramkarpal had asked if the conditions would be gazetted and made public so that any violations, such as conducting talks or holding meetings via Zoom, can be scrutinised.
On a related matter, Saifuddin Nasution said the Prisons Department had placed three officers per shift at Najib’s residence.
He said this does not incur additional costs, as it only involves deploying officers from Kajang Prison to Najib’s home.
He said the government did not deprive Najib of his rights through the delays in transferring him from prison to home detention.
“We were in no way questioning the decision of the Pardons Board or depriving the inmate of his rights. However, as the implementing agency, we reject the suggestion that we deliberately disobeyed the order or caused unnecessary delays,” he said.
“Loyalty to the institution of the monarchy does not mean that we can disregard the proper requirements of the law.
“At the same time, upholding the rule of law does not mean questioning the institution of the monarchy,” he added.
“Both must go hand in hand in a country that practises parliamentary democracy and constitutional monarchy.”
Saifuddin Nasution said the Prisons Department no longer had the authority to detain an inmate once the court had issued a release order.
He said the court issued the order after Najib paid the RM50mil fine on Nov 6.
The court subsequently issued an order of discharge forthwith (immediate release).
“From the Prisons Department’s perspective, once a document states ‘release’, the prison authorities no longer have any authority over the inmate,” he said.
“We have no power to continue detaining the individual, implement house arrest or arrange release on licence or parole.
“Due to the ambiguity in the court document, we referred the matter to the government’s legal adviser, namely the Attorney General.”
Saifuddin Nasution said the Home Ministry functions as the implementing agency, not the administrator of the law.
“It subsequently became clear that, after the matter was brought back before the court, the High Court judge had set aside the original discharge order issued following the payment of the fine.
“The court then issued a new conditional release order that was appropriate to the context of house arrest,” he said.
“Therefore, the Attorney General’s actions at the time were necessary because there was ambiguity in the release order addressed to the implementing authorities.”
In a statement, the AGC said Najib would remain at the existing detention centre, subject to instructions and orders from relevant authorities.
However, on Nov 10, the High Court ordered the former prime minister to serve the remainder of his prison sentence in the SRC International Sdn Bhd case under house arrest until Aug 23, 2028, following a conditional pardon and a full settlement of his RM50mil fine in the case.
Saifuddin Nasution was responding to a supplementary question by Kota Baru MP Datuk Seri Takiyuddin Hassan on the delays.
