Malaysia's home minister warns of wrongful detention risk over Najib's house arrest

Klebang, Malaysia – Home Minister Saifuddin Nasution Ismail said the decision to place former prime minister Najib Razak under house arrest could raise a wrongful detention issue if the legal meaning of a court-issued discharge order is not resolved. 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” might be interpreted 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 emphasized that the ministry is not opposing the Pardons Board’s decision or the King’s constitutional powers. 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.