Bar Council Has Right to Challenge Najib’s House Arrest – Azalina
KAJANG: Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said has described the Bar Council’s move to seek a legal challenge over former Prime Minister Datuk Seri Najib Razak’s house arrest as a right of the professional body.
She said the matter should be viewed in the context of Article 42 of the Federal Constitution, which provides for the power of pardon as a prerogative of the Yang di-Pertuan Agong.
“That is their right. However, when we talk about Article 42, it concerns the prerogative of mercy, which we know is among the powers vested entirely in the discretion of the Yang di-Pertuan Agong,” she said.
She said this when met at the Certificate Presentation Ceremony for the Professional Mediation Certification Course and Mediator Appointment Certificates, as well as the launch of the Legal Aid Department’s MADANI Mediation Centre Handbook 2026, at the National Legal Academy here on Thursday.
Elaborating, Azalina explained that the Legal Affairs Division (BHEUU) of the Prime Minister’s Department merely serves as the secretariat to the Pardons Board.
According to her, the composition of the Pardons Board at the state level also includes the Menteri Besar or Chief Minister, as well as a representative of the Attorney General’s Chambers.
She said that if the Bar Council believed it had grounds to challenge the matter through legal channels, it was within its rights to do so.
The issue arose following developments surrounding Najib’s house arrest application, which had previously attracted attention in discussions concerning the implementation of royal pardon decisions.
Article 42 of the Federal Constitution provides for the power of the Yang di-Pertuan Agong to grant pardons, reprieves and respites in respect of offences tried by the Federal Court, Court of Appeal and High Court in the Federal Territories, subject to the relevant constitutional provisions.
Astro AWANI