Rulers’ powers not diminished with dismissal of Najib’s house arrest bid, says AGC

PETALING JAYA: The Attorney General’s Chambers has dismissed a statement by Datuk Seri Najib Razak’s lawyer that the powers of rulers were diminished with the High Court’s dismissal of the former prime minister’s house arrest bid.

“The AGC refers to a Malaysiakini report dated Dec 22, 2025 and several other media outlets concerning a statement by lawyer for Najib, alleging that the High Court’s decision to dismiss the judicial review application relating to the addendum order had diminished the powers of His Majesty, the Malay Rulers and the Yang di-Pertua Negeri in matters of pardon,” it said in a statement on Tuesday (Dec 23).

The AGC said the statement was untrue and does not reflect the actual reasons given by the High Court.

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In dismissing Najib’s application for judicial review, the court said the power of pardon is a prerogative of the Yang di-Pertuan Agong, which is guaranteed under Article 42(1) of the Federal Constitution as established in binding precedents of superior courts.

Nevertheless, Article 42 of the Constitution also provides that in exercising this prerogative power, the King, the Malay Rulers and the governors shall sit together with the Pardons Board when deciding any application for pardon.

As for Najib’s case, the AGC said the minutes of the 61st Meeting of the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan and Putrajaya clearly revealed that the matter of house detention was never discussed nor ordered by the former King during that meeting.

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“In this regard, the meeting only deliberated on Najib’s application for a full pardon, and the decree of the 16th Yang di-Pertuan Agong at the time was solely for a 50% reduction of the term of imprisonment and fine,” it said.

The High Court Judge had made a decision according to that and no additional order for house detention was made pursuant to Article 42 of the Constitution as the matter was never discussed at the meeting nor decided by the former King at the same meeting.

It says this clearly demonstrated that the High Court’s decision did not in any way diminish the powers of the rulers in granting a pardon to an offender.

Instead, it said the Judge had recognised the powers of the rulers in the judgement.

“The power of pardon cannot be exercised by any other party.

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“However, in line with the concept of a constitutional monarchy, this power of pardon must be exercised in accordance with the constitutional requirements as stipulated under Article 42 of the Constitution,” it said.

It added that the High Court’s decision has clearly and comprehensively explained the process by which Rulers and state leaders can exercise their powers in deciding a pardon –therefore strengthening and affirming the authority of the royal institution, particularly in matters relating to applications for pardon.

“Therefore, this Chambers wishes to emphasise that any actions intended to incite or disrupt public order through a misinterpretation of the Court’s judgment are wholly inappropriate. All parties should respect the appeal process undertaken by Najib,” it said.

Najib’s lawyer Tan Sri Muhammad Shafee Abdullah urged the King and other state Rulers to study the High Court’s judgment on the addendum order, which allegedly diminished their powers of pardon.

With the judgment, Najib will have to continue serving his jail term in Kajang Prison.