KUALA LUMPUR – Attorney-General Tan Sri Mohd Dusuki Mokhtar has criticised errors found in the Kuala Lumpur High Court’s Order of Discharge relating to the implementation of Datuk Seri Najib Razak’s house arrest, saying they should not have occurred had the parties involved examined the document carefully.
He said the defects were obvious and had created unnecessary complications within the country’s legal system.
“This should not have happened if the parties concerned had been thorough. The error is obvious and has caused problems that should not have arisen,” he was quoted as saying by Berita Harian.
The document has come under scrutiny from several quarters, including legal practitioners, particularly over the accuracy of the terminology and statutory provisions used.
The court order, which has since circulated widely on social media, was issued after the RM50 million fine imposed as a condition for Najib to serve the remainder of his prison sentence under house arrest was paid on Friday.
Among those who questioned the document was political activist and former Senior Federal Counsel Liyana Marzuki, who called on the Kuala Lumpur High Court to clarify its use of the terms ‘discharge’ and ‘forthwith’.
Liyana said the two terms, in legal parlance, referred to an immediate release, potentially suggesting that Najib would be freed immediately and remain at liberty upon settling the fine.
On Friday, Yang di-Pertuan Agong Sultan Ibrahim said the conditional pardon allowing Najib to serve the remainder of his prison sentence under house arrest must be respected in accordance with the principles of constitutional monarchy and the rule of law.
His Majesty said the decision, granted through the royal prerogative of pardon under Article 42 of the Federal Constitution, must be implemented according to its original terms without creating confusion or prolonged uncertainty.
The RM50 million payment was among the conditions attached to the conditional pardon granted by the King on September 18, which allows Najib to serve the remainder of his sentence under house arrest until August 23, 2028.
Najib, 73, has been serving his sentence at Kajang Prison since August 23, 2022, after being convicted of misappropriating RM42 million belonging to SRC International. – November 9, 2026