Former Prime Minister Najib Razak began serving the remainder of his prison sentence under house arrest at his Kuala Lumpur residence on Tuesday, following the payment of a RM50 million fine.
The move comes after a High Court ruling on November 10 allowed the former leader to serve the rest of his SRC International sentence at home until August 23, 2028. The transition followed a period of legal ambiguity and a temporary delay in implementation caused by the Attorney General’s Chambers (AGC) seeking clarification on the conditional pardon granted by the King.
“The government must not pick and choose who gets house arrest, and there must be no hidden agendas,” said Rania, director of the rights group Lawyers for Liberty (LFL), who described the episode as a disaster for the country’s international reputation and fight against corruption.
Restrictions at Jalan Langgak Duta
Home Minister Datuk Seri Saifuddin Nasution Ismail confirmed that the house arrest is subject to four specific categories of restrictions imposed by the Pardons Board. These conditions cover Najib’s residence and associations, movement and visitors, the use of telecommunications, and participation in rehabilitation programmes, as he told the Dewan Rakyat on Thursday.
Najib is required to remain at No. 11, Jalan Langgak Duta and is prohibited from moving to any other premises without written permission. According to the Pardons Board, residency is restricted to his family members, which includes his wife, children, grandchildren, and sons- and daughters-in-law. Any other visitors require prior written authorisation, Saifuddin said.
Communication is also strictly limited. Najib is only permitted to use telephones and devices registered with the Prisons Department to allow authorities to verify his presence at home. He is further barred from making media statements, appearing in social media coverage, or participating in political activities, the Home Minister added.
While Najib submitted a written request to include a second residence in his arrangements, Saifuddin noted it could not be approved because the Pardons Board had limited the location to the Jalan Langgak Duta property. Any breach of these terms could result in Najib being immediately returned to Kajang Prison or another facility designated by the Prisons Department's Commissioner General.
AGC Delay Sparks Calls for Independent Review
The implementation of the house arrest was delayed after the AGC sought to clarify the legal implications of a November 6 discharge order. While the AGC argued the postponement was necessary to ensure consistency with the royal pardon granted by Sultan Ibrahim on September 18, Barisan Nasional (BN) MPs led by Manndzri Nasib called for an independent review of the process.
Manndzri Nasib argued that the delay did not resolve questions regarding administrative accountability. “Implementing house arrest does not erase the delay [and] resolving the matter does not remove accountability. The attorney general must explain why the postponement occurred and who was responsible,” Manndzri Nasib said at a press conference in Parliament.
The controversy has triggered significant tension within the government coalition. DAP secretary-general Anthony Loke submitted his resignation as transport minister in protest of the house arrest, a move reported by the South China Morning Post. Loke had previously agreed to remain in the cabinet temporarily at the request of Prime Minister Anwar Ibrahim, but fulfilled his pledge to resign once Najib entered his home.
In response to the political friction, UMNO president Ahmad Zahid Hamidi warned that protesting the conditional pardon could be interpreted as a challenge to the constitutional authority of the Malay Rulers. Zahid explained that the pardon was issued via the powers of the Yang di-Pertuan Agong under Article 42 of the Federal Constitution and must be respected, warning that such protests might be viewed as derhaka (disloyalty or treason).
The political impact may extend to the upcoming Melaka state election. Analysts suggest that dissatisfied voters might shift support to Parti Bersama Malaysia (Bersama).
Universiti Malaya sociopolitical analyst Prof Datuk Dr Awang Azman Awang Pawi noted the controversy might influence perceptions but is unlikely to fundamentally change voting patterns, suggesting traditional Umno strongholds like Tanjung Bidara, contested by Datuk Seri Ab Rauf Yusoh, may remain unaffected. However, Bersama MyKuasa chief executive Praba Ganesan suggested the impact could be more significant in urban constituencies like Kota Laksamana.
Terms of the SRC sentence
The current house arrest arrangement applies exclusively to Najib’s sentence in the SRC International case. This follows a decision where Najib was fined RM50 million to meet the condition of his pardon. The High Court’s decision on November 10 provided the legal context for this arrangement, which allows him to serve the remainder of the sentence at home until August 23, 2028.
At that time, Najib is required to return to Kajang Prison to begin serving a separate sentence in the 1MDB case. Najib is currently appealing that conviction.
The legal status of the residence has also drawn scrutiny. Anthony Chong of Sin Chew Daily reported that the property in Taman Duta has been tagged as a “prison” on digital maps after the Home Minister formally gazetted the location under Section 3 of the Prisons Act 1995. This gazetting allows the Home Minister to declare any house or building as a prison for the lawful detention of prisoners.