As PAS welcomes decision allowing Najib home, Pejuang warns of collapse of moral authority

Perikatan Nasional (PN) member Pejuang appears to have broken ranks with others in the opposition coalition over the decision to allow former prime minister Najib Razak to serve the remainder of his jail sentence from home, warning that it could fuel perceptions of a two-tier justice system in the country.

PAS, the lynchpin of the opposition coalition, and Bersatu offshoot Wawasan, have both welcomed the decision of the Federal Territories Pardons Board, which yesterday stipulated a condition that the jailed former leader must settle his RM50 million penalty before the house arrest arrangement is implemented.

But Pejuang, citing the arrangement's potential implications for equality before the law, urged the government to be transparent about the legal basis and conditions governing house arrest.

"The greatest concern among the public today is the collapse of the moral authority of the law. Article 8 of the Federal Constitution clearly guarantees the right to equality, stipulating that all persons are equal before the law and entitled to equal protection and treatment under the law.

"If house arrest is implemented without transparent guidelines, it will create a perception of severe double standards, where the law is strict for ordinary citizens yet lenient and comfortable for the elite," said vocal lawyer and Pejuang information chief Rafique Rashid.

The position breaks ranks with PAS, which thanked Yang di-Pertuan Agong Sultan Ibrahim Sultan Iskandar for consenting to the Pardons Board's decision.

"This development is very meaningful not only to Najib's family but to all Malaysians who always remember and appreciate his contributions and dedication as a leader who has brought development to the country and prosperity to the people," said PAS secretary-general Takiyuddin Hassan, echoing the view of Umno, the party with which it recently re-established political cooperation.

Wawasan, meanwhile, welcomed the conditional pardon, saying the decision was the prerogative of the Agong and should be respected.

"Article 42(1) of the Federal Constitution provides the king with the power to grant pardons, reprieves and respites," said its secretary-general Saifuddin Abdullah.

But Rafique said that while the Agong has discretionary powers under the constitution which cannot be challenged in court, the issue of house arrest for Najib is separate from a royal pardon. 

He warned against any attempts to stifle the public's right to speak out on the matter.

"Silencing the public from questioning the implementation of the law constitutes a form of administrative tyranny," he added.

Rafique said there is currently no specific provision or explicit act within the country's legal system that mandates house arrest as a form of punishment for any offender.

"The only existing provision is Section 3 of the Prison Act 1995, which empowers the home minister to declare any area or premises a 'prison'. However, this was never intended to facilitate selective preferential treatment," he said, adding that the exercise of such powers "must also be fair and executed in accordance with the principles of justice".

He called on the attorney-general and home minister, whose ministry oversees the Prison Department, to explain the legal basis for the arrangement.

"What are the strict criteria that qualify an individual for house arrest? What are the specific conditions involved? How are the screening process and the associated mechanisms carried out?" asked Rafique.

"People do not want to see conditional house arrest imposed or used merely to satisfy a particular political elite group."

Najib, 73, has been serving a prison sentence following his conviction in the SRC International case.

The decision comes more than two years after the Pardons Board, chaired by then Yang di-Pertuan Agong Sultan Abdullah Sultan Ahmad Shah, reduced his prison sentence by half, from 12 years to six, and cut his fine from RM210 million to RM50 million.

It was later revealed that, just before stepping down as the 16th Agong, Sultan Abdullah had added notes to the pardons decision, calling for Najib to serve the remainder of his sentence under house arrest.

Prime Minister Anwar Ibrahim and other government leaders have repeatedly brushed aside claims about the existence of the addendum, and said the matter would only be decided by the court. Many ruling politicians have also openly warned Anwar against any move to allow house arrest for Najib, with at least one minister, DAP's Nga Kor Ming, saying he would quit the Cabinet if the former leader walks out of jail.

Najib subsequently sought judicial review in a bid to compel the government to implement the royal addendum.

Earlier this year, Najib pursued a fresh royal application with the Federal Territories Pardons Board, which is chaired by the Agong and includes the minister in charge of federal territories, Hannah Yeoh, Attorney-General Mohd Dusuki Mokhtar, and three appointed members.