[UPDATED] A-GC: Court ruling on Najib's house arrest does not override King's pardon

KUALA LUMPUR: Seeking a court ruling on Datuk Seri Najib Razak's house arrest does not amount to overriding the Yang di-Pertuan Agong's power of pardon, the Attorney-General's Chambers (A-GC) said today.

It said the King's constitutional authority to grant pardons and the courts' power to interpret the legal effect of an order were separate matters.

"The power of pardon and the court's power to interpret and determine the legal effect of an order are two different matters," the A-GC said in a statement.

"Obtaining a court decision on the implementation of an order does not in any way mean questioning the authority of the party that issued the order."

It said that the appropriate avenue for resolving the dispute was through the courts, where clear directions could be obtained without undermining the position of any institution.

The A-GC said it had never disputed, set aside or intended to suspend the conditional royal pardon granted by His Majesty, Sultan Ibrahim, King of Malaysia.

It said the issue requiring determination concerned the legal effect of the Kuala Lumpur High Court's discharge order issued yesterday after Najib's RM50 million fine was paid.

The order raised questions over whether Najib should serve the remainder of his SRC International prison sentence under house arrest or whether that sentence had ended.

The A-GC said the answer could affect the commencement of Najib's separate prison sentence in the 1Malaysia Development Berhad (1MDB) case.

Its statement was issued in response to Najib's lawyers, Messrs Shafee & Co, who last night accused the A-GC of executive overreach and disregarding the King's decree.

The lawyers argued that the Attorney-General had no power to suspend a royal pardon or sealed court order through a media statement.

They maintained that if the A-GC required clarification, it should apply to the High Court rather than delay Najib's transfer.

The legal team also alleged that the A-GC's position amounted to contempt and possibly treason against the King.

Najib was granted a conditional royal pardon by Sultan Ibrahim on Sept 18, allowing him to serve the remainder of his SRC International sentence under house arrest until Aug 23, 2028, subject to payment of the RM50 million fine.