KUALA LUMPUR — The High Court’s decision to reject Datuk Seri Najib Razak’s application for house arrest could significantly dilute the powers of the Yang di-Pertuan Agong and Malay Rulers, claimed Najib’s lawyer Tan Sri Muhammad Shafee Abdullah.
Speaking after the ruling, Shafee said Najib was dissatisfied with the judgment, especially as it involved setting aside the former King’s alleged house arrest directive.
He argued that the court’s interpretation suggests that the Agong can only exercise pardon powers within Pardons Board meetings, which he said contradicts long-standing constitutional practice.
“This decision confines the Agong’s authority within the Pardons Board framework and undermines the discretionary powers historically recognised under the royal prerogative,” he said.
He added that the ruling may encourage many convicted individuals to challenge or demand transparency regarding Pardons Board deliberations.
The High Court found that the alleged directive was invalid because it was not issued during a Pardons Board session, in line with Article 42 of the Federal Constitution.
The court emphasised that Malaysia’s monarch operates strictly within constitutional parameters.
Shafee urged the Malay Rulers, the Agong and state governors to carefully review the ruling, warning that it carries major implications for royal powers.