KUALA LUMPUR (Feb 7): Former prime minister Datuk Seri Najib Razak is opposing the government’s bid for a gag order, banning public discussion on his judicial review on a purported royal decree for a house arrest.
Najib, in an affidavit in reply dated Feb 5, said the application is premature and should be struck out, as the applicant must show there is an immediate risk, or threat or prejudice to any of the parties in the proceeding. The Royal Institution is not a party in the proceedings, he said.
“In addition, the attorney general’s (AG) claim that the application is required to ensure the security of the country is unsubstantiated, as it failed to provide any evidence that there is a threat to national security,” the 71-year-old former Pekan member of Parliament said.
To-date, no one has provided an affidavit claiming threat to national security, Najib noted.
On Jan 20, the federal government and five others filed a prohibitory and gag order, barring the public from openly discussing the purported royal addendum that would have allowed Najib to serve the remainder of his six-year jail sentence under house arrest.
If granted, the gag order would be in effect until the end of Najib’s application, and any appeals in the case.
The government is seeking the court to bar any comments and suspicious discussions, questioning, challenging or insulting the prerogative of the Yang di-Pertuan Agong and his power under the Federal Constitution to give the pardon.
AG free to take action
Najib said his lawyers would be objecting to the government’s motion on the grounds that it failed to specify the exact legal provisions to support its application, which would affect the procedural fairness and integrity of the proceedings.
Further, the AG is free to take civil or criminal action against any seditious, slanderous, and libellous remarks against the royal institution, he said.
“So far, there are no reports of action taken towards any person committing any such actions… therefore, there is no immediate risk or threat to the royal institution,” Najib said and demanded strict proof from the AG.
The former Umno president claimed that his judicial review application is to preserve the royal institution and any royal decree, instead of the opposite.
“I am fighting for my rights to be enforced through the addendum order under Article 42 (1) of the Federal Constitution, and the respondents are preventing me from preserving the royal decree,” he said.
No immediate risk of prejudice
There is no immediate risk of serious prejudice to the Royal Institution, Najib argued.
He cited media releases issued during Court of Appeal proceedings, which demonstrate an attempt from the AG or the Royal Institution to participate in and regulate discourse on the issue. “This suggests the existence of mature discourse and balanced reporting of the issue at hand,” he said.
Najib also pointed to Law and Institutional Reform Minister Datuk Seri Azalina Othman Said, who was not supportive of a gag order. A gag order would contradict the position of Azalina, who explicitly said that she was against the government’s move, he added.
Apart from the government, AG, and Azalina, the other respondents are the home minister, the Federal Territories Pardons Board and commissioner-general of the Prisons Department.
Najib also cited a statement by Prime Minister Datuk Seri Anwar Ibrahim in January 2025 which confirmed the existence of the addendum.
Anwar had said a Pardons Board meeting in 2023, which he also attended, was not presented with the addendum, nor was the matter brought up in a subsequent meeting on Jan 29 in 2024 that resulted in the reduction of Najib's punishment.
The addendum was served directly to the then AG Tan Sri Ahmad Terrirudin Mohd Salleh outside the Pardons Board meetings, and not to any other members of the Pardons Board, Anwar said.
The AG's Chambers had earlier filed a motion with the Federal Court seeking permission to appeal against a lower court's decision on Najib’s attempt for a judicial review.
Najib is seeking leave, or permission, for a judicial review over a purported addendum issued by the former King, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah, in February last year. Leave must be obtained for judicial review to ensure that an application is not frivolous or vexatious.
If Najib is successful in the case, the government would have to produce the addendum that he claims was issued as part of the pardon granted to him. Najib also wants the government to enforce the purported decree to have him serve the rest of his sentence under house arrest.
He is currently serving an already reduced six-year jail term and RM50 million fine.