The Federal Court agreed to hear the appeal by Attorney-General Datuk Mohd Dusuki Mokhtar against the presence of an alleged royal addendum involving Datuk Seri Najib Tun Razak, who was prime minister at the time.
The decision was made unanimously by Chief Judge of Malaya Datuk Seri Hasnah Mohammed Hashim, who led a three-person bench. Federal Court judges Datuk Zabariah Mohd Yusof and Datuk Hanipah Farikullah were also in charge.
The amendment has a connection to placing Najib under house arrest.
On April 1, 2024, Najib asked for permission for a court review. He named the Home Minister, the Attorney General, the Commissioner General of Prisons, the Federal Territories Pardons Board, the Minister at the Prime Minister’s Department (Law and Institutional Reform), the director-general of legal affairs at the Prime Minister’s Department, and the government as the first seven people who came forward to answer.
In the application notice, Najib asked for a mandamus order to make all defendants or at least one of them check if the addendum order from January 29, 2024, exists.
Najib requests a mandamus order mandating that, in the event of an addendum order, all or some of the respondents comply with the royal order and relocate from Kajang Prison to his home in Kuala Lumpur, allowing him to serve the remainder of his term under house arrest.
The Kuala Lumpur High Court turned down Najib’s request for leave on July 4, 2024, saying that the affidavits backing them were based on hearsay.
The Court of Appeal ruled in Najib’s favor on January 6 by a vote of 2-1. The appeal court sent his request for judicial review back to the High Court. It will be heard on Monday, April 28.
The Attorney-General’s Chambers asked for a gag order on January 20 because the case concerned sensitive issues. The gag order stops people from talking about the case in a way that could hurt it and protects the integrity of the trial.
Thereafter, the Attorney General asked the federal court for permission to appeal the court of appeals ruling.