Malaysian Bar To Challenge Najib’s Second Pardon, Demands Transparency On House Arrest Terms

The Malaysian Bar has announced plans to challenge the Pardons Board’s decision to grant former prime minister Datuk Seri Najib Razak a second conditional pardon, while calling for greater transparency over the terms of his house arrest and the proposed RM50 million fundraising exercise to pay his fine.

In a statement, Malaysian Bar president Anand Raj said the Bar would initiate legal action against the decision and advice of the Pardons Board concerning the second pardon, while maintaining its existing appeal against the first pardon granted in 2024.

The appeal concerning the first pardon is scheduled for a Court of Appeal decision on Jan 7, 2027.

Najib was granted a conditional pardon on Sept 18 allowing him to serve the remainder of his SRC International prison sentence under house arrest until Aug 23, 2028, subject to payment of a RM50 million fine and compliance with other conditions

The Malaysian Bar raised concerns over the legal mechanism for implementing the arrangement, citing a December 2025 High Court judgment which held that Malaysia had no specific legal provision to implement house arrest under the purported addendum to Najib’s earlier pardon.

It noted that proposed amendments involving electronic monitoring devices had yet to become law.

The government has maintained that the conditional pardon falls within the King’s constitutional powers under Article 42 of the Federal Constitution.

The Bar also questioned the proposed public fundraising exercise to help Najib pay the RM50 million fine, pointing to the reported return of RM114.16 million in cash previously seized during investigations linked to 1MDB.

The cash was returned through Najib’s representative in June 2021 after the prosecution failed in its forfeiture application. Najib and UMNO had both claimed the money.

The Bar said further clarification was needed on why public fundraising was necessary, while acknowledging uncertainty over Najib’s current access to assets reportedly subject to freezing orders.

The Malaysian Bar called on the Pardons Board and Prime Minister’s Department to publish the official minutes relating to both pardon decisions and disclose the proposed house arrest conditions, including monitoring arrangements, enforcement responsibilities and potential costs to taxpayers.

It also called for clear criteria governing similar applications by other prisoners to ensure consistency and equality before the law.

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