Najib’s ‘house arrest’ judicial review stayed pending outcome of AG’s appeal

Najib’s ‘house arrest’ judicial review stayed pending outcome of AG’s appeal

The High Court also allows a stay of the government’s application for a gag order in connection with the former prime minister’s judicial review.

najib razak
In January, the Court of Appeal granted Najib Razak leave to begin judicial review proceedings to compel the government to execute a royal decree placing him under house arrest. (Bernama pic)
KUALA LUMPUR:
The High Court here has suspended all proceedings in Najib Razak’s bid to enforce a royal decree placing him under house arrest, pending disposal of the attorney-general’s (AG) appeal to the Federal Court.

Justice Hayatul Akmal Abdul Aziz also stayed the government’s application for a gag order in connection with the former prime minister’s judicial review application.

Senior federal counsel Ahmad Hanir Hambaly informed Hayatul that the Federal Court had agreed to hear the AG’s appeal against a Court of Appeal ruling granting Najib leave to commence judicial review proceedings.

A three-member apex court bench, chaired by the Chief Judge of Malaya Hasnah Hashim, had fixed July 1 and 2 to hear the appeal.

Hanir also told Hayatul that the apex court bench had advised the parties to seek directions from the High Court on the gag order and judicial review hearing.

“Now, we have agreed not to pursue both matters pending the outcome of the AG’s appeal,” Hanir told the judge.

Najib’s lawyer Shafee Abdullah confirmed the matter.

He, however, asked Hayatul for a case management date immediately following the Federal Court hearing as his client’s suit was filed last year.

The High Court judge fixed July 3 for the parties to update her.

Najib, who is currently serving his jail sentence at Kajang prison for corruption in the SRC International case, was also present.

In the judicial review, Najib has named the home minister, prisons department commissioner-general, attorney-general, Federal Territories Pardons Board, law and institutional reform minister, director-general of the Prime Minister’s Department’s legal affairs division, and the government as respondents.

In a majority decision on Jan 6, the Court of Appeal granted Najib leave to initiate judicial review proceedings to compel the government to execute a supplementary decree issued by the previous king, Al-Sultan Abdullah Sultan Ahmad Shah.

As a result, the case was remitted to the High Court for the application to be heard on its merits.

The Federal Court will now hear the AG’s appeal based on seven questions of law as to why Najib should not have been given leave for the judicial review.

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