Malaysian Bar seeks stay on Najib’s house arrest, argues move is unconstitutional

KUALA LUMPUR – The Malaysian Bar is seeking leave from the High Court to challenge the Pardons Board’s decision in relation to Najib Razak’s house arrest.It wants a court declaration that the proceedings, processes, decisions, actions, orders and arrangements made regarding the house arrest on Sept 18 are unlawful, unconstitutional, ultra vires, null and void.The Bar named the Pardons Board for the Federal Territories of Kuala Lumpur, Labuan & Putrajaya, Minister in the Prime Minister’s Department (Law and Institutional Reform), Commissioner General of Prisons and Najib as the first through fourth respondents in the application filed by Messrs Amir & Rajpal Ghai.The application is scheduled to be heard before High Court Judge Justice S. Indra Nehru on Nov 12.In a supporting affidavit, affirmed by Bar secretary R. Jayabalan, the Bar contended that Najib’s house arrest did not fall within the meaning of a pardon, a reprieve, or a respite under the Federal Constitution.It said house arrest was not provided for under Malaysian criminal law and appeared to be specifically tailored to one convict alone – Najib.The Bar further stated that the crimes for which Najib was convicted had “colossal and lasting adverse consequences” for Malaysia as a nation.“Public welfare has been (and continues to be) seriously damaged by his crimes. Malaysian citizens and taxpayers will continue to be burdened, for a long time to come,” it said.It also stated that the pardon application submitted by Najib lacked any acceptance of guilt, contrition or remorse.The Bar said if leave was granted, and pending the final disposal of the judicial review, the execution or implementation of the house arrest should be stayed or suspended until further order of the court.On Nov 10, the High Court ordered the former prime minister to serve the remainder of his prison sentence in the SRC International case under house arrest until Aug 23, 2028, following a conditional pardon and a full settlement of his RM50 million (S$15.7 million) fine in the case, which was paid on Nov 6. THE STAR/ASIA NEWS NETWORK