Conditions to Najib’s house arrest: Not SOP but subsidiary legislation and published in the Gazette — Hafiz Hassan

 

I refer to the report that the Malaysian Prisons Department is now in the final phase of drafting regulations and conditions for the implementation of home detention following the conditional pardon decision that allows former prime minister Datuk Seri Najib Razak to serve the remainder of his prison sentence through this method.

Home Minister Datuk Seri Saifuddin Nasution Ismail said that the matter is being pursued following a letter from the Pardons Board secretariat, which allows the Malaysian Prisons Department to set conditions for the implementation of house arrest.

Former Prime Minister Datuk Seri Najib Razak is pictured at the Kuala Lumpur Court Complex, in Kuala Lumpur October 14, 2026. — Picture by Firdaus Latif

When news broke exactly a month ago that Najib had been granted a conditional royal pardon allowing him to serve the remainder of his prison sentence under house arrest, I shared the conditions that may be attached to Najib serving his prison sentence under house arrest. 

Allow me to share the conditions again, namely:

(a)     attend any such counselling, therapy, test, assessment, and other activity for the purpose of facilitating his rehabilitation and reintegration into society as the prison authorities may require, at any time and place that the prison authorities may specify;

(b)     report to provide a specimen of his urine or hair for testing at any time and place that the prison authorities may specify;

(c)     remain indoors at his place of residence, or at any other place that the prison authorities may specify, at any time that the prison authorities may specify;

(d)     allow the prison authorities and any authorised person to his place of residence, or any other place he is required to remain at, to determine his compliance with any condition of the house arrest or for any purpose relating to his rehabilitation;

(e)     not consume any controlled drug, psychoactive substance, specified psychoactive substance or alcoholic beverage, or use or inhale any intoxicating substance;

(f)      not have in his possession any controlled drug or psychoactive substance;

(g)      to enable the electronic monitoring of his whereabouts —

(i)       wear any electronic monitoring device issued by the prison authorities on any part of his person that the prison authorities may specify;

(ii)      allow the prison authorities and any authorised person to enter his place of residence, or any other place he is required to remain at, to install, maintain, repair or retrieve any electronic monitoring device;

(iii)    comply with all requirements to ensure the proper functioning of any electronic monitoring device issued to him or installed at his place of residence or any other place he is required to remain at;

(iv)     comply with all reporting requirements imposed on him;

(v)      not tamper with any electronic monitoring device issued to him or installed at his place of residence, or any other place he is required to remain at, or otherwise prevent or obstruct the electronic monitoring of his whereabouts; and

(h)     comply with such other conditions as the Commissioner-General of Prisons may specify in the order.

Since Saifuddin conceded, rightly, that “[our] country has never had (house arrest) before, but suddenly there is” the Prisons Department may adopt the above conditions which are some of the conditions under neighbouring Singapore’s home detention order (see Section 54(1) of the Prisons Act 1993).

A word of caution though.

Let not the conditions to Najib’s house arrest be standard operating procedures (SOP).

SOP is not law.

Let the conditions be made subsidiary or secondary legislation under the Prison Act 1995 (Act 537) and therefore published in the Gazette. - malaymail

* This is the personal opinion of the writer or publication and does not necessarily represent the views of MMKtT.