17-4-2024 (KUALA LUMPUR) In a move that has raised eyebrows and sparked debates about transparency, the media has been barred from covering the proceedings surrounding Datuk Seri Najib Razak’s application for leave to initiate judicial review in his claim over a royal addendum order that would allegedly allow him to serve his remaining prison term under house arrest.
As the proceedings commenced on Wednesday (April 17), Najib’s lead counsel, Tan Sri Muhammad Shafee Abdullah, made an unexpected request to High Court judge Justice Amarjeet Singh to conduct the case in chambers, citing the sensitive nature of the matter.
“In chambers mean the proceedings can be carried out physically in court but in chambers,” Muhammad Shafee explained, indicating that he had discussed the matter with the Senior Federal Counsels representing the respondents, who were reportedly receptive to the idea.
The lawyer further elaborated, “I also have been told and indicated to my learned friend (Senior Federal Counsels Shamsul Bolhassan and Ahmad Hanir Hambaly) who are also receptive of the idea, in view of certain materials disclosed in the last affidavit which is apparently sensitive.”
In an unprecedented move, Justice Amarjeet granted the application, effectively barring not only the media but all other parties from participating in the proceedings. “All other parties are not allowed to partake in the proceedings including the media,” the judge declared, prompting the hearing to move to the judge’s chambers, where only Najib’s legal team and the Senior Federal Counsels representing the respondents were present.
Najib, the former Prime Minister of Malaysia, filed the application through the law firm Messrs Shafee & Co on April 1, claiming the existence of an addendum order by the Yang di-Pertuan Agong in the royal pardon granted to him on January 29. According to Najib, this addendum would allow him to serve his prison sentence under house arrest.
In the notice of application, Najib sought a mandamus order, compelling the respondents, which include the Home Minister, the Commissioner General of Prisons, the Attorney General, 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, to acknowledge and verify the existence of the addendum order dated January 29.
Furthermore, Najib is seeking a mandamus order that, if the addendum order exists, one or all of the respondents must execute the royal order and immediately move him from the Kajang Prison to his residence in Kuala Lumpur, where he would serve his remaining sentence under house arrest.
The former Pekan MP is also requesting a mandamus order for one or all of the respondents to provide a copy of the royal decree by the 16th Yang di-Pertuan Agong on the reduction of his prison sentence and fine, as well as the addendum order, both dated January 29.
