FORMER Pokok Sena Member of Parliament Mahfuz Omar has questioned the legal basis used to implement a house arrest order for former Prime Minister Datuk Seri Najib Razak, considering the House Arrest Act was previously stated to still be in the drafting stage.
According to Mahfuz, the statement by Home Minister Datuk Seri Saifuddin Nasution Ismail—that the Act has not yet been finalised—raises questions that must be addressed by the Ministry of Home Affairs and the Prisons Department.
He pointed to a confirmation by Najib’s lawyer on October 14 that his client had received a house arrest order, including the terms and implementation mechanisms, with the residence at Langgak Duta designated as the location for the detention.
“The question is simple: what existing legal provisions, regulations, or powers are being used to implement house arrest for an offender who has been convicted and is currently serving a prison sentence?” he asked.
Mahfuz stated that if the House Arrest Act is not yet in force, the government must clarify the legal provisions that allow for such an order to be carried out.
He emphasised that this matter does not merely concern a former Prime Minister; rather, it touches upon the principle of the rule of law, which must apply equally to all citizens.
He used the analogy of building a house without a blueprint to illustrate the necessity for the government to clarify the legal basis before implementing a significant decision.
“Do not build a house without a blueprint, only to scramble for one later—when questioned—to explain how the house was constructed.
“Likewise, in the exercise of state power, the legal basis must be clear and capable of being explained to the public,” he said in a statement. Nevertheless, Mahfuz stressed that he respects the Yang di-Pertuan Agong’s power of pardon, as provided for under the Federal Constitution.
However, he noted that this respect does not exempt the government from the obligation to explain the procedures and legal grounds for the implementation of any such order.
“I respect the Yang di-Pertuan Agong’s power of pardon. Yet, the public has a right to know the legal basis for its implementation.
“If everything is backed by clear legal authority, then explain it to the people. The rule of law is not merely a principle we recite; it is a principle that must be upheld,” he asserted.
Interestingly, Mahfuz also signed the media statement, citing his experience as a former inmate at Kajang Prison—where he was held on December 8, 2000—and providing his prisoner number, 20043.
The statement underscores his position that the enforcement of imprisonment, including any modifications to the method of detention, must be grounded in clear, accountable legal provisions.
However, claims that Najib has received an order for house arrest do not, in themselves, confirm that such an order has actually been implemented.
The status of its implementation and the legal basis for it still require an official clarification from the authorities. – October 16, 2026