Najib seeks leave for judicial review claiming pardons addendum decree allows house arrest

KUALA LUMPUR: Datuk Seri Najib Tun Razak has filed for leave to commence a judicial review against the Pardons Board, the government, and five other parties, claiming the existence of an addendum decree purportedly ordered by the 16th Yang di-Pertuan Agong for the former prime minister to serve his remaining six-year imprisonment under house arrest.

The applicant (Najib), named the Minister of Home Affairs; the Prisons Commissioner-General; the Attorney General; the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan, and Putrajaya; the Minister in the Prime Minister's Department (Law and Institutional Reform); the Director-General of the Legal Affairs Division in the Prime Minister's Department, and the Government of Malaysia as the first to seventh respondents.

In the application notice available through the court's search system, Najib sought a mandamus order directing either all respondents or one of them to respond and verify the existence of the addendum decree dated Jan 29, 2024.

The applicant also sought a mandamus order that if the addendum decree exists, all or one of the respondents must enforce it immediately by transferring him from the Kajang Prison to his residence in Kuala Lumpur, to serve the remainder of his prison sentence under house arrest.

Najib also sought a mandamus order for all or any of the respondents to provide a copy of the primary decree by the 16th Yang di-Pertuan Agong regarding the reduction of imprisonment and fines, as well as the addendum decree, both dated Jan 29, 2024, besides seeking costs and other reliefs deemed appropriate by the court.

In his affidavit sworn on April 1, Najib stated that he had informed Al-Sultan Abdullah Riayatuddin Al-Mustafa Billah Shah through a letter dated March 25 about his intention to file for leave for a judicial review against the relevant authorities regarding the addendum decree.

"This is because on Jan 29, 2024, Tuanku Al-Sultan Abdullah was the 16th Yang di-Pertuan Agong, and I have taken steps with my utmost respect.

"On the same date (March 25, 2024), I also conveyed the same matter to Yang di-Pertuan Agong Sultan Ibrahim with my utmost respect," he said, adding that he would not disclose the contents of the letters publicly due to reasons of confidentiality and propriety.

Najib added that his application was bona fide (in good faith) as he had been severely affected, and he also filed a notice of urgency for the application to be heard before the upcoming Hari Raya Aidilfitri, expected to be celebrated on April 10.

The hearing for this application is scheduled for tomorrow (April 4) before High Court Judge Datuk Amarjeet Singh.

Najib, 70, is currently serving his sentence at Kajang Prison since Aug 23, 2022, after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.

He subsequently filed a petition for royal pardon on Sept 2, 2022.

The Pardons Board reduced Najib's prison sentence from 12 years to six years, while the fine has been reduced from RM210 million to RM50 million.

-- BERNAMA

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