Najib could begin house imprisonment by November pending court decision
Former prime minister Datuk Seri Najib Razak - BERNAMA FILE PIX
PUTRAJAYA – Former prime minister Datuk Seri Najib Razak could be allowed to serve his sentence from home as early as November, depending on the outcome of a High Court decision on the validity of a Royal Addendum, a supplementary royal decree concerning his imprisonment.
Lawyer Mohamed Hanif Khatri Abdulla said the transition to house imprisonment can proceed even if the prosecution files an appeal, unless a stay of execution is granted by the court.
'When it comes to someone's liberty, it's rare for courts to grant a stay.
'If the appeal is successful, Najib can be returned to prison. But the time spent at home should still count and it cannot simply be disregarded due to an ongoing appeal,' he said. Lawyer Mohamed Hanif Khatri Abdulla
Hanif noted that the judicial review application concerning the Royal Addendum was now in its second stage, following the Federal Court's decision on Wednesday to grant leave for the case to proceed.
The substantive hearing will examine full arguments from both sides, focusing on whether the royal decree is constitutionally sound and legally enforceable.
'This stage will be affidavit-based. The case is expected to be up for mention at the High Court on Monday, to fix deadlines for affidavit submissions, hearing dates and written arguments,' Hanif said.
He added that such cases would be typically resolved within one to three months, or in the best-case scenario, within a month once all required documents and submissions had been filed.
He said the correct term for Najib's potential new arrangement is "house imprisonment" rather than "house arrest", stressing that the two involved different legal processes.
'This isn't house arrest. It's house imprisonment granted under a Royal pardon. Using the wrong term will only confuse the public,' he said.
Najib began serving his prison sentence in August 2022.
The sentence was later reduced to six years following a partial Royal pardon. Based on standard calculations, his sentence is due to end in 2028, though with statutory remission and other factors, he could be eligible for release by 2026.
On the main legal question, Hanif said the issue revolved around whether a royal decree or pardon must be issued following the advice of the Pardons Board or the Attorney General.
He emphasised that the case concerned constitutional and legal interpretations only, as the factual elements have already been established.
Earlier this week, the Attorney General's Chambers (AGC) failed in its bid to overturn the Federal Court's decision allowing Najib to initiate judicial review proceedings.
The review seeks to compel the government and six others to respond to and confirm the existence and legitimacy of the Royal Addendum.
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