Credit : Bernama (file photo)
KUALA LUMPUR, November 10, 2026 — The Attorney-General’s Chambers (AGC) has filed an application at the High Court in Kuala Lumpur asking for the Order of Discharge issued for former prime minister Datuk Seri Najib Razak on November 6 to be reviewed, and for a fresh order to be issued in line with the conditional pardon granted by the Yang di-Pertuan Agong on September 18, 2026.
Attorney General Tan Sri Mohd Dusuki Mokhtar confirmed the filing to several news outlets today. “AGC has filed an application at the High Court in Kuala Lumpur today, Nov 10, 2026 (Tuesday) to review and rescrutinise the Order of Discharge issued on November 6, 2026 and for a new Order of Discharge so that it is in line with the order to pardon granted by the Yang di-Pertuan Agong on September 18, 2026,” he told Malay Mail in a brief text message. He said the filing is known as a rectification application.
According to the court’s online filing system, as reported by Malay Mail, the application was listed for hearing before High Court judge Datuk Aslam Zainuddin at 2.30pm today. The New Straits Times reported that the matter was listed at Criminal High Court 5 and that Najib’s lawyer was scheduled to appear before the judge at the same time. The outcome of the hearing had not been reported at the time of writing.
The application is the first step taken in court since the AGC deferred Najib’s transfer to house arrest last Friday. Najib remains at Kajang Prison, where he has been serving his sentence in the SRC International case since August 23, 2022.
How the dispute began
On September 18, Najib was granted a conditional pardon in the SRC International case. Under its terms, he would serve the rest of his jail term under house arrest until August 23, 2028, once the RM50 million fine was paid. The fine was settled on November 6, and the High Court issued an Order of Discharge on Payment of Fine the same day. According to the New Straits Times, the order directed Najib’s immediate release while also requiring him to serve the balance of his sentence under house arrest.
Hours later, the AGC said implementation of the house arrest would be temporarily deferred, with Najib kept at his existing place of detention, pending further examination of the conditional pardon and the effect of the court order. In its statement, the AGC set out two possible readings: that the payment settled only the fine, leaving the prison term to be served at home, or that it could mean Najib had completed his entire SRC International sentence. The AGC said the difference mattered because the court had ordered Najib’s separate prison sentence in the 1Malaysia Development Berhad (1MDB) case to begin only after his SRC International sentence ends.
On Monday, Berita Harian reported Dusuki as saying the Order of Discharge contained obvious errors or defects.
Palace, ministry and defence positions
On November 7, Istana Negara said His Majesty Sultan Ibrahim had decreed that the conditional pardon was clear, without ambiguity, and must be carried out as decided, in keeping with the position of the Constitutional Monarch and the rule of law.
Home Affairs Minister Datuk Seri Saifuddin Nasution Ismail said on Monday that the Prisons Department, as the implementing agency, needed the court to clarify whether the order meant release or house arrest, so that its actions would not amount to wrongful detention. He stressed that the ministry respected and accepted the notification of the house arrest order sent by the Secretary of the Pardons Board.
Najib’s lawyers have accused the AGC of changing its position at the last minute over the house arrest.
LNA will update this story once the High Court’s decision on the rectification application is known.
Credit : Bernama (file photo). Background reporting from Bernama, as carried by Malaysiakini.
Sources: Malay Mail, New Straits Times, Malaysiakini (Bernama), Utusan Malaysia.
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