AGC Temporarily Suspends Najib House Arrest Pending Clarification of Pardon Order

The Attorney General’s Chambers said implementation of Datuk Seri Najib Razak’s house arrest is temporarily postponed while it seeks clear legal clarification of the Conditional Pardon Order and a High Court discharge order; his detention is to remain at the existing place of detention.

LNA MY 41 minutes ago 4 minutes read

PUTRAJAYA, November 6, 2026 — The Attorney General’s Chambers (Jabatan Peguam Negara) said today that the implementation of house arrest for former prime minister Datuk Seri Najib Razak is to be temporarily postponed while further clarification is obtained on how the Conditional Pardon Order should be interpreted.

In a media statement posted on the official X account of the Attorney General’s Chambers (@AGCPutrajaya) this evening, the chambers said the pause is needed to resolve legal questions arising from the Conditional Pardon Order dated September 18, 2026, which was granted by Yang di-Pertuan Agong XVII Sultan Ibrahim.

According to the statement, under that order Najib was permitted to serve the remainder of his sentence under house arrest until August 23, 2028, subject to payment of a RM50 million fine and compliance with the stipulated conditions.

Two competing interpretations

The statement said legal questions had arisen over the phrase allowing him to “menjalani baki hukuman secara tahanan di rumah sehingga 23 Ogos 2028 tertakluk sekiranya beliau membayar denda RM50 juta” — serve the remainder of the sentence under house arrest until August 23, 2028, subject to payment of the RM50 million fine — and over its effect on the remaining prison term in the SRC International case.

The statement set out two interpretations requiring further study. The first, it said, is that payment of the RM50 million fine only satisfies the fine component, while the SRC prison sentence continues until August 23, 2028, with house arrest treated as an alternative place or method of serving that remaining prison term rather than as a termination of it.

The second is that payment of the fine allows the pardon to take full effect, with the consequence that the entire SRC sentence — including the prison term — is treated as completed.

High Court discharge order and 1MDB link

The chambers said the issue also involves the legal effect of an Order of Discharge on Payment of Fine dated November 6, 2026, issued by the Kuala Lumpur High Court after the RM50 million fine was recorded. That order, the statement said, directed that Najib be released immediately while also stating that the remainder of the sentence is to be served under house arrest until August 23, 2028.

It added that the status of the remaining SRC prison term also has implications for the prison sentence in the 1Malaysia Development Berhad (1MDB) case, because a court order provides that the 1MDB sentence is to begin only after the SRC prison sentence is completed. The statement said this must also be examined in light of a stay-of-execution application in the 1MDB case that was rejected by the High Court on October 14, 2026.

Given that the issues raise complex and unprecedented legal questions affecting the implementation of the royal pardon and related court orders, the Attorney General’s Chambers said clear and definitive legal clarification must be obtained before further enforcement steps are taken.

Detention to remain at existing place

“Sehubungan itu, pelaksanaan tahanan di rumah terhadap Dato’ Sri Mohd Najib bin Tun Haji Abdul Razak adalah wajar ditangguhkan buat sementara waktu,” the statement said — that the implementation of house arrest should therefore be temporarily postponed until further research and clarification of the Conditional Pardon Order and the effect of the Order of Discharge are resolved.

During that period, it said, his detention status is to be maintained at the existing place of detention, subject to the powers and directions of the relevant authorities. The temporary postponement, the chambers stressed, is not intended to question or set aside the Yang di-Pertuan Agong’s decree, but to ensure that the decree and related court orders are carried out accurately, in an orderly manner and in line with the true legal position.

The Attorney General’s Chambers said it would take further action after the research and clarification are completed. The statement was issued on November 6, 2026.

Background

Earlier today, UMNO confirmed payment of the RM50 million SRC fine at the Kuala Lumpur High Court, and Najib’s lawyers said the court had issued a house-arrest order. Some media reports said he left Kajang Prison at about 2:37pm; the Attorney General’s Chambers’ evening statement, by contrast, said his detention status should for now remain at the existing place of detention.

Separately this afternoon, Transport Minister Anthony Loke said at a Ministry of Transport press conference that his resignation takes effect when Najib arrives home for house arrest. As of this evening, neither Loke nor DAP’s official X account had posted a fresh response to the Attorney General’s Chambers statement.

Source: Attorney General’s Chambers (Jabatan Peguam Negara) media statement, November 6, 2026, via @AGCPutrajaya; with background from earlier public reporting of today’s High Court order, the fine payment and Loke’s MOT announcement.

Credit : Jabatan Peguam Negara