Najib's discharge order needs review to clarify Prisons Dept's authority

Tuesday 10 Nov 2026

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MELAKA (Nov 9): The interpretation of the Conditional Pardon Order and the implications of the Order of Discharge involving Datuk Seri Najib Tun Razak require further clarification to establish whether the Prisons Department has the authority to implement house arrest for the former prime minister.

Home Affairs Minister Datuk Seri Saifuddin Nasution Ismail said the department, as the implementing agency, needed to ensure that its actions did not result in wrongful detention.

"We are the implementing agency. The Order of Discharge states that he is to be released, whereas the Pardons Board refers to house arrest. House arrest is different from release. So, from our position, which one should we follow? These are legal documents and if there is any ambiguity, we refer the matter to the court.

"The wording used is 'discharge forthwith', meaning release. In prison terminology, there are distinctions between release, discharge and discharge not amounting to acquittal. If discharge means that he is released, then the Prisons Department no longer has any authority over him. But if it is house arrest, the department still has authority," he told reporters.

Saifuddin was commenting on a statement by the Attorney-General's Chambers (AGC) last Friday that the implementation of house arrest for Najib had been temporarily deferred pending further examination of the Conditional Pardon Order and the implications of the Order of Discharge issued by the High Court in Kuala Lumpur, following the settlement of the RM50 million fine.

Elaborating, he said the Order of Discharge was issued by the Registrar of the High Court, prompting the ministry to seek the AGC's views on the matter.

"Who issued this Order of Discharge? It was issued by the Registrar of the High Court. That is why we sought the AGC's views and, as explained, the matter will be brought before the court to clarify the two differing interpretations," he said.

He said he had no information on which party would bring the matter before the court or when a decision would be made.

"However, I wish to stress that this is purely a matter of interpretation. We comply with, respect and accept the notification of the house arrest order for Najib, as stated in the letter sent by the Secretary of the Pardons Board to the Home Ministry," he said.

Saifuddin was speaking after attending an engagement and dialogue session with fishermen at the Lereh Tanjung Kling Fishermen's Jetty here on Monday, which was also attended by Malaysian Fisheries Development Authority (LKIM) chairman Muhammad Faiz Fadzil.

In an earlier statement, the AGC said Najib would remain at his current place of detention throughout the period of deferment, subject to the authority and directions of the relevant authorities.

Najib paid the RM50 million fine imposed on him in the SRC International funds misappropriation case at the High Court Criminal Registry Office last Friday.

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