KUALA LUMPUR (Jan 20): The federal government and five others have filed a prohibitory and gag order barring the public from discussing openly the purported addendum seeking to allow former prime minister Datuk Seri Najib Razak to serve the remainder of his six years' jail sentence under house arrest.

When contacted by The Edge, senior federal counsel Shamsul Bolhassan, who is the deputy head I of the Civil Division of the Attorney General's Chambers, confirmed that the application was filed on Monday afternoon.

"Yes, it has been filed," he said via a text message.

On Jan 13, High Court judge Hayatul Akmal Abdul Aziz directed the government to file a formal written application by Monday (Jan 20), following objections to the oral application made by the government.

In the latest application, the respondents comprising the government, the Federal Territory Pardons Board, the home minister, the law and institutional reform minister, the commissioner general of the Prisons Department, and the Legal Affairs Division of the Prime Minister’s Department sought a gag order in the media, from publishing or distributing any communication, be it electronically or digital, either on social media or other platforms, from making comments on the purported addendum.

The gag order should be in effect until the disposal of Najib’s application and any appeals in the case.

Here, the government seeks the court to bar any comments and suspicious discussions, questioning, challenging and/or insulting the prerogative of the Yang di-Pertuan Agong under the Federal Constitution in having the power to give the pardon.

They also sought a gag order against speculation which may affect the credibility, validity and integrity process, decision, function and power of the Pardons Board, which is chaired by the current King, and any statement or publication in the form of criticism, insult and satire on the role and power of the royal institution as one of the main divisions in the Federal Constitution.

Following that, they also sought a prohibition order to preserve and protect the interests of the respondents in exhibiting confidential documents in the hearing of the judicial review, with the exception to the presiding judge, the deputy registrar hearing the proceedings, the officer of the court involved, and parties involved in the matter and deponents of the affidavit filed in this action.

On Jan 6, a three-member Court of Appeal bench allowed in a 2-1 majority decision for Najib’s appeal for leave (permission) for his purported addendum application be heard on its merits before a new judge, namely Hayatul.

This follows High Court judge Datuk Amarjeet Singh Serjit Singh having in July last year refused to grant leave for the matter to be heard on its merits.

Najib was being jailed for 12 years and fined RM210 million since Aug 23, 2022 after the Federal Court upheld his conviction and sentence over seven counts of abuse of power, criminal breach of trust and money laundering of SRC International Sdn Bhd funds.

However, in February last year, the Pardons board announced that Najib's jail sentence was reduced to six years, and the fine to RM50 million, meaning that the former finance minister is liable to be released in August 2026.

Despite this, Najib claimed the existence of the purported addendum dated Jan 29, 2024, from the 16th Yang di-Pertuan Agong, the previous King, allowing him to serve the remaining sentence under house arrest.

Law and Institutional Reform Minister Datuk Seri Azalina Othman Said said she did not instruct for a gag and prohibition order.

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