KUALA LUMPUR, Nov. 7 — Malaysia’s Attorney-General’s Chambers (AGC) is asking a court to determine whether a High Court order ended former Prime Minister Najib Razak’s prison term in the SRC International case, a question that could affect when his separate 15-year sentence begins.
The AGC urged that Najib stay where he is pending legal clarification, with detention authorities retaining control over his custody. The request follows the AGC’s earlier decision to pause Najib’s transfer to house arrest for legal review.
In its account of the Kuala Lumpur High Court’s Nov. 6 Order of Discharge on Payment of Fine, issued after RM50 million was paid, the AGC said the order provided for Najib’s release and for any remaining SRC sentence to be served at home through Aug. 23, 2028. The AGC said the order’s effect could be read in two ways: payment may have met only the fine condition, leaving prison time to serve at home, or the discharge may have ended the SRC sentence.
That distinction matters because Najib’s separate 15-year term in the 1Malaysia Development Berhad (1MDB) case was ordered to begin after the SRC sentence. Najib is appealing the 1MDB sentence.
King Sultan Ibrahim said the conditions of the conditional pardon he granted on Sept. 18 under Article 42 of Malaysia’s Federal Constitution had been fulfilled. The palace said the pardon applied to the SRC case, not Najib’s other cases. The king said arguments disputing the conditional pardon order would amount to defying his decree.
The AGC said it was not challenging the king’s authority to grant a pardon. Its request concerns the legal effect of the later High Court order and how it relates to Najib’s sentences. The AGC described the situation as unprecedented and sought a court determination.
The Prime Minister’s Office said Attorney-General Mohd Dusuki Mokhtar had requested an audience with Sultan Ibrahim. It said he wanted to explain the legal issues raised by the order, reaffirm his commitment to the decree and seek forgiveness. The AGC said it would take further action after receiving clarification from the court.
