The Prisons Department needs further legal clarification on whether it has the authority to place former prime minister Datuk Seri Najib Razak under house arrest, given the differing interpretations of the Conditional Pardon Order and the High Court’s Order of Discharge.
Home Minister Datuk Seri Saifuddin Nasution Ismail said the department, as the agency responsible for implementing the orders, must establish which legal document takes precedence to avoid the possibility of unlawful detention.
He explained that while the Pardons Board’s notification referred to house arrest, the Order of Discharge issued by the High Court appeared to direct Najib’s immediate release.
“We are the implementing agency. The Order of Discharge states that he is to be released, whereas the Pardons Board refers to house arrest. House arrest is different from release. So, from our position, which one should we follow? These are legal documents and if there is any ambiguity, we refer the matter to the court.
