Former Malaysian Prime Minister Najib Razak has contested a government-imposed gag order aimed at suppressing public discussion surrounding his claims of a supplementary royal order that could potentially allow him to serve the remainder of his prison sentence under house arrest. Najib argues the gag order is premature and lacks sufficient justification, citing the absence of any imminent threat to national security or a fair trial.
Datuk Seri Najib Razak has objected to a gag order imposed by the government in an attempt to prevent public discussion on his claim of a supplementary royal order . According to this purported order, Najib could be placed under house arrest . In an affidavit filed at the High Court through Messrs Shafee & Co on Wednesday, Najib argued that the gag order application was premature as there was no immediate risk, threat, or prejudice to a fair trial for any party involved.
He emphasized that no one had submitted an affidavit alleging a threat to national security with sufficient evidence to support such a claim. Najib stated that if any seditious or slanderous statements were directed against the royal institution, the Attorney General’s Chambers could initiate civil or criminal proceedings against the individuals responsible. He pointed out that, as of yet, there were no reports of any actions taken against individuals making such statements, therefore, there was no immediate risk or threat to the royal institution. On January 20th, the Attorney General's Chambers (AGC) filed a gag order prohibiting any party from discussing Najib's judicial review concerning his claims of a royal addendum order, which he alleges allows him to serve the remaining duration of his six-year prison sentence under house arrest. The application to silence public discourse came two weeks after the Court of Appeal allowed Najib's appeal in his judicial review application linked to the addendum order on January 6th. In a majority 2-1 ruling, the Court of Appeal remitted the case back to the High Court for a hearing on its merits. Najib filed the application for leave for judicial review on April 1st, 2024. He named the Home Minister, the Commissioner General of Prisons, the Attorney General, the Federal Territories Pardons Board, the Minister in the Prime Minister’s Department (Law and Institutional Reform), the director-general of the legal affairs at the Prime Minister’s Department, and the Government as the first until the seventh respondents, respectively. In the notice of application, Najib sought a mandamus order requiring all of the respondents or one of them to answer and verify the existence of the addendum order dated January 29th, 2024. Najib is seeking a mandamus order where, if the addendum order exists, all or one of the respondents must execute the royal order and immediately transfer him from Kajang Prison to his residence in Kuala Lumpur, where he would serve his remaining sentence under house arrest. On July 4th, 2024, the Kuala Lumpur High Court dismissed Najib’s application for leave, citing hearsay in supporting affidavits. This prompted Najib to appeal the decision at the Court of Appeal.
MALAYSIA POLITICS NAJIB RAZAK ROYAL ORDER HOUSE ARREST GAG ORDER COURT OF APPEAL HIGH COURT ATTORNEY GENERAL's CHAMBERS JUDICIAL REVIEW
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