[UPDATED] 'Illogical' to keep Najib in Kajang after home gazetted as prison, say lawyers

KUALA LUMPUR: Former prime minister Datuk Seri Najib Razak's lawyers have questioned the Attorney-General's Chambers' (A-GC) move to delay his house arrest when his Taman Duta residence has already been gazetted as a prison.

Messrs Shafee and Co described the A-GC's position as illogical, arguing that transferring Najib to his residence would not remove him from lawful custody.

"It is therefore illogical for the A-GC, on the same day that the gazette declared our client's residence a prison, to insist that he remain in Penjara Kajang while it seeks clarification," the firm said in a statement.

The lawyers said the residence was now legally designated as a prison under the authority of the Commissioner General of Prisons.

"Moving our client there does not take him out of lawful custody. It moves him from one gazetted prison to another, as His Majesty has ordered," they said.

Earlier today, Home Minister Datuk Seri Saifuddin Nasution Ismail declared all buildings and areas at No. 11, Jalan Langgak Duta, Taman Duta, Kuala Lumpur, to be a prison under Section 3 of the Prison Act 1995.

The declaration, published in the Federal Government Gazette as P.U. (B) 456/2026, covers an area measuring 4,558.975 square metres.

It designates the premises for the imprisonment or detention of persons lawfully in custody.

The lawyers argued that the gazette declaration removed any justification for keeping Najib at Kajang Prison while the A-GC sought clarification of his conditional royal pardon.

They said the A-GC's concerns over the legal effect of the pardon did not explain why Najib should remain in one gazetted prison rather than another.

The dispute arose after Najib's RM50 million fine was paid in full at the Kuala Lumpur High Court earlier today.

The payment fulfilled a condition of the royal pardon granted by Yang di-Pertuan Agong Sultan Ibrahim on Sept 18, allowing Najib to serve the remainder of his SRC International prison sentence under house arrest until Aug 23, 2028.

Following the payment, Najib's lawyers said the High Court issued sealed orders authorising his discharge in relation to the fine.

However, the A-GC subsequently called for his house arrest to be temporarily deferred pending clarification of the pardon and the effect of the court orders.

It said the payment raised questions over whether Najib's SRC International prison sentence remained in force or should be regarded as completed.

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

It maintained that the proposed deferment was intended to ensure the royal pardon and court orders were implemented correctly, rather than to challenge the King's decree.

Najib's lawyers rejected the A-GC's position and demanded that his transfer proceed without delay.

Najib has been serving his SRC International sentence since August 2022 after being convicted of seven charges involving the misappropriation of RM42 million.

His original 12-year prison sentence and RM210 million fine were reduced to six years and RM50 million respectively by the Pardons Board in 2024.