Malaysia's home minister warns of wrongful detention risk over Najib's house arrest
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Home Minister Saifuddin Nasution Ismail said forcing former prime minister Najib Razak into house arrest without clearly resolving a court’s discharge order could expose the authorities to accusations of unlawful detention.
Klebang, Malaysia – Home Minister Saifuddin Nasution Ismail said the government’s decision to place former prime minister Najib Razak under house arrest could trigger a wrongful detention scandal if the legal meaning of a court-issued discharge order is left deliberately unresolved. He explained that the Pardons Board has ordered Najib to serve the remainder of his sentence at a designated residence after paying a RM50 million fine, while a court order using the term “discharge” could be read as a full release from prison custody.
"If the court says it means release, then the Prisons Department must release Najib under that order. But if, instead, we send him to house arrest, it could become wrongful detention and so on. It could happen," Saifuddin told reporters on Nov 9.
Saifuddin stressed that the ministry is not challenging the Pardons Board’s decision or the King’s constitutional powers, even as the situation highlights the legal confusion surrounding Najib’s treatment. He said the ministry had received the board’s letter and would comply with its directive, noting that Najib would remain under the authority of the Prisons Department at a gazetted residence rather than Kajang Prison.
He added that if the discharge order is interpreted as a full release, the Prisons Department would lose jurisdiction over Najib. "How are we to act when the order of discharge states ‘discharge’, while the Pardons Board says house arrest? House arrest and release are different," he said.
The Attorney-General has been asked for an opinion, and the matter will be referred to the courts for a final ruling. Saifuddin said the ministry will respect and implement the court’s decision once issued. Najib is currently serving his sentence for the SRC International conviction and a separate 1MDB-related case, having exhausted his legal appeals.