KUALA LUMPUR (Nov 7): The Attorney General's Chambers (AGC) has denied challenging the validity of the conditional royal pardon granted to former prime minister Datuk Seri Najib Razak, stressing that it is merely seeking legal clarity on the implementation of the pardon alongside existing court orders.
In a statement on Saturday, the AGC said it had neither questioned nor sought to suspend the conditional pardon granted by the King, Sultan Ibrahim Sultan Iskandar, rejecting allegations that the attorney general had exceeded his powers or defied the royal decree.
Instead, the AGC said the issue requiring judicial determination concerns the legal implications of a discharge order issued by the Kuala Lumpur High Court on Friday, following Najib's payment of a RM50 million fine.
In particular, the AGC is seeking clarity on whether Najib's prison sentence in the SRC International Sdn Bhd case has been completed and the implications for the commencement of his sentence in the 1Malaysia Development Bhd (1MDB) case. SRC is a former subsidiary of 1MDB.
The discharge order authorised Najib's immediate release following payment of the fine, while also stating that he should serve the remainder of his SRC sentence under house arrest until Aug 23, 2028, pursuant to a conditional pardon order dated Sept 18, 2026.
According to the AGC, the legal question is whether the discharge order merely permits Najib to serve the remainder of his SRC sentence under house arrest, or effectively means that his sentence in the case has been completed.
The distinction is significant because the High Court's sentencing order in the 1MDB case stipulates that Najib's prison sentence in that case should begin only after he completes his SRC sentence.
The High Court had also dismissed an application to stay the execution of his sentence in the 1MDB case on Oct 14, 2026.
"If the sentence in the SRC case remains in force, there is no issue concerning the implementation of the remainder of that sentence in accordance with the conditional pardon order," the AGC said.
"Conversely, if the SRC sentence has been completed from a legal standpoint, its implications for the commencement of the sentence in the 1MDB case must be determined," it added.
The AGC said the two possibilities carry different legal implications and should not be resolved based on assumptions or unilateral interpretations.
It also rejected allegations made in a Friday statement by Najib's lawyers from Shafee & Co that the attorney general had exceeded his powers, defied the King's decree, disregarded court orders or caused Najib to be unlawfully detained.
The AGC maintained that the royal prerogative of a pardon under Article 42 of the Federal Constitution and the judiciary's authority to interpret the legal effect of an order are two distinct matters.
Seeking a court ruling on the implementation of an order, it said, does not amount to questioning the authority of the party that issued it.
The AGC further argued that an immediate judicial determination is necessary to safeguard Najib's own rights.
If the SRC sentence has legally ended, continued detention under that sentence could result in Najib being held longer than permitted by law, it said.
On the other hand, if the sentence remains in force, its implementation must comply with the terms of the conditional pardon and relevant court orders.
The AGC therefore said the legal implications of the discharge order on Friday should be referred to the court without delay to obtain clear directions and avoid conflicting interpretations of the orders in force.
"This step is not intended to delay or frustrate the implementation of the conditional pardon order, but rather to avoid contradictions in the implementation of existing orders and ensure that no sentence is carried out unlawfully," it said.
The AGC reiterated its commitment to upholding the royal institution, respecting court orders and ensuring that sentences are carried out lawfully.
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