KUALA LUMPUR: The Attorney General’s Chambers (AGC) has dismissed claims by Tan Sri Muhammad Shafee Abdullah that the High Court ruling on Datuk Seri Najib Razak’s house arrest application had weakened the powers of the Yang di-Pertuan Agong, Malay rulers and state governors.
Instead, the AGC said the verdict actually strengthens constitutional safeguards surrounding the clemency powers vested in the royal institution.
The High Court had ruled that while the Agong possesses clear prerogative powers of pardon under Article 42(1), such powers must operate within the constitutional framework requiring deliberation through the Pardons Board.
The AGC noted that minutes from the January 29, 2024 Pardons Board meeting confirmed that Najib’s house arrest request was never deliberated or decided, rendering the alleged additional directive constitutionally non-compliant.
“This decision does not diminish the rulers’ powers; it reinforces them by ensuring they are exercised through proper constitutional process,” the AGC said.
It added that the ruling clarifies implementation rather than restriction, thereby upholding the integrity of Malaysia’s Constitutional Monarchy.
The AGC cautioned political actors and the public against misinterpreting the decision in ways that could incite unrest, while acknowledging Najib’s right to appeal.
The statement concluded that the AGC remains fully committed to protecting the royal institution and safeguarding the Federal Constitution.
