DATO' SRI MOHD NAJIB TUN HJ ABD RAZAK v. MENTERI DALAM NEGERI & ORS
HIGH COURT MALAYA, KUALA LUMPUR
ALICE LOKE YEE CHING J
[JUDICIAL REVIEW NO: WA-25-136-04-2024]
22 DECEMBER 2025
[2025] CLJ JT (18)
Abstract – (i) The exercise of the royal prerogative of mercy is not absolute and must be performed within the legal framework provided by the Federal Constitution ('FC'). Specifically, the Yang di-Pertuan Agong cannot act independently and His Majesty cannot decide on matters of pardon, reprieve or respite independently of the Pardons Board; (ii) An order for house arrest purportedly made under the royal prerogative of mercy is invalid if it is not deliberated at a formal meeting of the Pardons Board, as required by art. 42 of the FC. A writ of mandamus to compel such an order will not lie if the order itself is procedurally flawed or if there is no existing legal framework to execute the specific terms, ie, house arrest of that order.
CONSTITUTIONAL LAW: Federal Constitution – Royal prerogative – Reduction of sentence and fine by Yang di-Pertuan Agong ('YDPA') – Allegation of addendum order for house arrest – Whether YDPA could exercise power of mercy independently of Pardons Board – Whether addendum order deliberated at Pardons Board Meeting – Whether mandatory procedural requirements under art. 42 of Federal Constitution complied with – Whether non-compliance with procedure rendered addendum order invalid
CONSTITUTIONAL LAW: Federal Constitution – Yang di-Pertuan Agong ('YDPA') – Powers – Prerogative of mercy – Scope of art. 42 of Federal Constitution – Functions of Pardons Board – Whether YDPA bound to consider advice of Pardons Board and opinion of Attorney General – Whether distinction exists between pardon, reprieve and respite regarding procedural requirements – Whether 'respite' could be granted outside Pardons Board Meeting
ADMINISTRATIVE LAW: Judicial review – Mandamus – Application to compel respondents to execute house arrest order – Whether order valid – Whether respondents under legal duty to obey order – Whether there was legal framework or mechanism for house arrest in Malaysia – Whether house arrest order capable of execution
