In Court, oral application for GAG ORDER - then Fahmi said Government did not instruct AG to apply for GAG Order - Then formal application filed for GAG Order. A lawyer(even the AGC) cannot act except with the instructions of the Client - and here the client is the Government, etc...
GAG Order to prevent discussion on the 'Pardon Orders' or the Addendum Order that was filed by the Attorney General - means that the ORDER was filed by the Government of Malaysia and the parties named as Defendants/Respondents in the suit commenced by former PM Najib Razak - where Najib is seeking to put into effect the Addendum Order by the King that allegedly ordered Najib to serve his remaining prison term at HOME.
The Attorney General's Chambers (AG-C) is seeking a gag order against public discussion on the addendum order in Datuk Seri Najib Razak's appeal over his house arrest issue. Senior Federal Counsel Shamsul Bolhassan made an oral application for the order at the High Court here this morning. He said the case involved sensitive issues that could potentially prejudice the ongoing judicial process.
Malaysia is a DEMOCRACY - and the BOSS is the people. We, the people, decide who governs Malaysia or the States - we elect our peoples' representatives, and they in turn decide on who shall be Prime Minister or Menteri Besar/Chief Minister. Thus, we have every right to DISCUSS openly any matters that affect Malaysia - including about the Pardon or Addendum Orders.
SUBJUDICE - that is the rule to prevent the Courts from being influenced by peoples' discussion out of court - it was there and relevant when LAY PEOPLE was part of the making of decisions in court. In Criminal Matters, Malaysia had the JURY(lay people) until it was abolished, and today all Court decisions are made by PROFESSIONAL JUDGES, who will not be influenced by matters like public discussion > Hence, the use of SUBJUDICE as the reason why there must a GAG ORDER preventing discussions is absurd and not applicable. A Judge who can get influenced by peoples' views out of the court should not be a Judge, and if any party in the Najib's suit believes that the Judge hearing the case will be so influenced can simply apply to REMOVE or RECUSE the said judge.
Then, the government claimed that they did not instruct the Attorney General to apply for a gag order - This is a SERIOUS issue, because it implies that the lawyer is acting on his own without client's instruction or against client's instructions, which no lawyer including also the Attorney General Mohd Dusuki Mokhtar(the government's lawyer) can do. They must at all times act on the specific instructions of the CLIENT/s - in this case. A lawyer acts only on the Client's instruction - that include the government's lawyers from the AGC.
The government did not instruct the Attorney-General's Chambers (AG-C) to apply for a gag order against public discussion regarding the royal addendum in Datuk Seri Najib Razak's appeal to serve his jail sentence under house arrest. Unity Government spokesman Fahmi Fadzil clarified that the matter was also not discussed in today's cabinet meeting. "That matter was not discussed and the cabinet did not instruct the Attorney-General's Chambers. We did not direct the AG-C," he said during his weekly post-cabinet meeting press briefing.
Attorney-General's Chambers (AG-C) is akin a law firm, it has no power to act on its own without the instruction(order) or consent of the Attorney General/Public Prosecutor Mohd Dusuki Mokhtar. The AGC is not a democratic institution(although maybe we should consider whether the AGC should be democratic in the future) - now they do as AG Mohd Dusuki Mokhtar orders.
If Minister Fahmi Fadzil is telling the truth - action must be taken by the Government against AG Mohd Dusuki Mokhtar, or the Senior Federal Counsel Shamsul Bolhassan who made that oral application. In response to the oral application, 'Judge Hayatul Akmal Abdul Aziz later ordered Shamsul to file a formal written application by Jan 20.' Then, it was reported on 20/1/2025 that ' The Attorney-General's Chambers (A-GC) has filed an application for a gag order to prevent the public from discussing issues related to Datuk Seri Najib Razak's house arrest.'
Government spokesman Fahmi Fadzil must now clarify whether this was done against the government's instruction - against the client's instruction OR whether the government changed its mind. Remember on 15/1/2023, he explicitly stated 'The government did not instruct the Attorney-General's Chambers (AG-C) to apply for a gag order against public discussion...'
There are several named Defendants in this suit, and the AG is representing all(from the reported facts), but in such applications, the AG can file on the instruction of some not all - so, who made the application - did it include the Government of Malaysia, one of the named party? All parties are under the Government of Malaysia - maybe not the Pardons Board(which could be argued is under the King), or the Attorney General himself.
Najib, 70, filed the leave application for judicial review at the High Court here last April 1 through the legal firm of Messrs. Shafee & Co. He named the Home Minister, Commissioner-general of Prisons, Attorney-General, the Pardons Board for the Federal Territory of Kuala Lumpur, Labuan and Putrajaya; Minister in the Prime Minister’s Department (JPM) (Law and Institutional Reform), Director-General of Legal Affairs at JPM and the Malaysian Government as the first to the seventh respondent.(The Sun, 17/4/2024)
The Pardon and Addendum issue is a matter of public interest - for Malaysians need to decide whether there is a need for a Federal law on Pardons, and/or Constitutional amendments to address the existing uncertainties on the issue of Pardon - there are many. See
PARDON
powers of King/Rulers is not limitless - Limits are set by Malaysians,
through Parliament in laws/Constitution? Lacunae or uncertainty require
Constitutional Amendment and/or enactment of a Pardon Law.
There are NEW ISSUES also like WHO should the King/Rulers send their Pardon Orders to. Reasonably, it should be to the Executive who is responsible for putting into effect the sentences pronounced by the Courts, as Pardon powers may affect the sentences. For the King, it should be send to the Prime Minister, and maybe also the Attorney General and the Chief Justice. Then, the Prime Minister will instruct the relevant Minister who will then inform the Prison Department,etc.
Who issues the Pardon Orders? It should be the KING, normally through the Palace or King's letterhead. The Pardons Board's role ends with the tendering of advice to the King, and at the end of the day, it is the King that pardons, not the Pardon's Board.
If the Prime Minister is UNHAPPY or unclear about a Pardon Order - what does he/she do? Does he/she 'secretly' try to get the King to change his mind, or explain? Or does the Prime Minister or government resort to the Court for a Judicial Review, and get a Court Stay Order to allow matters to stand as it is, until the Court decides for if not a 'delayed' obedience of the King's order may be wrong.
OF urgent importance, is that the Prime Minister must clarify NOW if they instructed the Attorney General to apply for a GAG ORDER, if not actions must be taken immediately and openly against the Attorney General and/or the said Senior Federal Counsel Shamsul Bolhassan that made that oral application to court...
The issue of Najib's Pardon - who is blamed for the loss of about RM50 Billion in the 1MDB Scandal, where he is alleged to not just abuse of power, but also corruption angered many Malaysians...Worse, when it was revealed that current Prime Minister Anwar Ibrahim was the one who brought Najib's application to be inserted in the Pardons Board agenda - will Anwar do the same for pardon petitions of others? Anwar may have FORGIVEN Najib but I do not feel other Malaysians have...Did Najib return to the people of Malaysia the monies lost/taken - and that also angered people when the fine of RM210 million imposed by court was reduced to RM50 million.. Now, the further 'addendum order' allegedly allowing Najib to spend the remaining prison term at HOME is of course a matter of concern of many people - hence the interest in this 'addendum court matter'...
"I was the one who brought the application for (Datuk Seri Najib Razak's) royal pardon to be inserted in the Pardons Board agenda," Datuk Seri Anwar Ibrahim said. - NST,10/12/2024The 'addendum order' and Pardon Powers is a matter of great concern - and A 'GAG ORDER" against everyone is a matter of concern - more so when everyone is not in Court to be heard by the Judge as he decides on any such application...Will the Court be 'CLOSED" and the hearing be done in 'SECRET" ..are other concerns of the people.
See earlier posts on PARDON
See earlier posts:-
PARDON - Discrimination, only for some? Should Shafee's disclosure that could invalidate Najib's pardon be acted on? A law on PARDONS?
Najib's Pardon - King, not Pardon Board have the power - As the King did not tell us when he was King, is there any consequences?
Pardon reforms needed. The King's pardon - the role of the PM and government of the day? Victim's rights? BERSIH Protest? Prisoner Najib posting on FB?
More about Najib's Pardon - Is the Pardons Board under the Cabinet? What is FULL PARDON? AG must explain and clarify confusions ...?
Najib's Pardon - King, not Pardon Board have the power - As the King did not tell us when he was King, is there any consequences?
Najib's PARDON now may have serious impact to Malaysia, Malaysian law enforcement, prosecution and courts?
Ex-PM Najib sentence of 72 years imprisonment, beats ex-DPM Anwar's 1999 corruption conviction and sentence of 24 years?
Anwar Ibrahim's pardon never set aside his conviction - Federal Court.
Of Najib's Pardon, Pardon REFORMS? Anwar pardoned weeks before his sentence ended, when should one be pardoned?
Anwar Ibrahim - his pardon may be not valid? High Court will decide ...
Anwar, time to investigate, prosecute and fair trial for all false witnesses, bad prosecutors and judges?...travesty or miscarriage of justice?
Anwar Ibrahim - Will this be the 1st 'abuse of power' by new government?
Anwar's Pardon - Meaning, Validity and Matters concerning Attorney General?
A-GC seeks gag order against public discussion on addendum [WATCH]
KUALA LUMPUR: The Attorney General's Chambers (AG-C) is seeking a gag order against public discussion on the addendum order in Datuk Seri Najib Razak's appeal over his house arrest issue.
Senior Federal Counsel Shamsul Bolhassan made an oral application for the order at the High Court here this morning.
He said the case involved sensitive issues that could potentially prejudice the ongoing judicial process.
"We applied for the order and asked that it remain in force pending the outcome of the hearing as it touches on sensitive issues.
"We do not want everyone making comments and talking about it in the media like they are now," he told reporters after a case management.
However, Judge Hayatul Akmal Abdul Aziz later ordered Shamsul to file a formal written application by Jan 20.
The AG-C is seeking a gag and prohibitive order to restrain the public from discussing Najib's judicial review seeking to compel Putrajaya to execute an alleged addendum order allowing him to serve the remainder of his jail term under house arrest.
Meanwhile, Najib's counsel Tan Sri Muhammad Shafee Abdullah objected to the application, describing the issue as akin to "the horses have bolted, and now we want to close the door."
"Everybody has discussed it. Prime Minister Datuk Seri Anwar Ibrahim has discussed it a lot more than anyone else," he said outside the courtroom.
Shamsul also said that his side would oppose the application by Datuk Seri Takiyuddin Hassan, Tan Sri Azhar Azizan Harun, and Datuk Seri Zulkifli Noordin to act as watching brief lawyers in the case, representing opposition leader Datuk Seri Hamzah Zainudin, PAS Vice-President Datuk Seri Dr Ahmad Samsuri Mokhtar, and Bersatu Vice-President Datuk Seri Ronald Kiandee.
The court has fixed March 11 for further case management.
On Jan 6, a three-bench Court of Appeal panel, in a split decision, allowed the former prime minister to initiate a judicial review to review the existence of an addendum issued by the former Yang di-Pertuan Agong.
The Appellate Court also allowed Najib to adduce additional affidavits to support his application.
Najib is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.
The High Court had sentenced him to 12 years in prison with a fine of RM210 million, and the verdict was subsequently upheld by the Court of Appeal and Federal Court.
However, his prison sentence was halved to six years and his fine was reduced to RM50 million following his petition for a royal pardon on Sept 2, 2022.
Najib later filed an application on an alleged addendum order signed by the 16th Yang di-Pertuan Agong.
The addendum purportedly allowed Najib to serve the remainder of his
prison sentence under house arrest. Previously, the High Court had
dismissed his application.- NST, 13/1/2025
Fahmi denies govt ordered A-GC to apply for public gag order
PUTRAJAYA: The government did not instruct the Attorney-General's Chambers (AG-C) to apply for a gag order against public discussion regarding the royal addendum in Datuk Seri Najib Razak's appeal to serve his jail sentence under house arrest.
Unity Government spokesman Fahmi Fadzil clarified that the matter was also not discussed in today's cabinet meeting.
"That matter was not discussed and the cabinet did not instruct the Attorney-General's Chambers. We did not direct the AG-C," he said during his weekly post-cabinet meeting press briefing.
On Jan 13, it was reported that the AG-C was seeking a gag order against public discussion on the addendum order in Datuk Seri Najib Razak's appeal to serve his jail sentence under house arrest.
Senior Federal Counsel Shamsul Bolhassan made an oral application for the order at the High Court here this morning.
He said the case involved sensitive issues that could potentially prejudice the ongoing judicial process.
The AG-C was seeking a gag and prohibitive order to restrain the public from discussing Najib's judicial review seeking to compel Putrajaya to execute an alleged addendum order that allowed him to serve the remainder of his jail term under house arrest.
On Jan 6, a three-bench Court of Appeal panel, in a split decision, allowed the former prime minister to initiate a judicial review to review the existence of the addendum purportedly issued by the former Yang di-Pertuan Agong.
The Appellate Court also allowed Najib to adduce additional affidavits to support his application.
Najib is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.
The High Court had sentenced him to 12 years in prison with a fine of RM210 million, and the verdict was subsequently upheld by the Court of Appeal and Federal Court.
However, his prison sentence was halved to six years and his fine
reduced to RM50 million in February last year following his petition for
a royal pardon on Sept 2, 2022. - NST, 15/1/2025
A-GC files gag order application on Najib Razak's house arrest addendum
PUTRAJAYA: The Attorney-General's Chambers (A-GC) has filed an application for a gag order to prevent the public from discussing issues related to Datuk Seri Najib Razak's house arrest.
In a brief message to the media, A-GC Civil Division Deputy Head Shamsul Bolhassan said, "It was filed via e-review at 7.45 pm today."
Last Monday, Shamsul made an oral application for the order at the High Court and the A-GC was directed to submit their written application by today.
Shamsul had said the application was made to protect the royal institution as the matter involves sensitive issues regarding the monarchy, religion, and ethnicity (3R).
The A-GC is seeking a gag and prohibitive order to restrain the public from discussing Najib's judicial review seeking to compel Putrajaya to execute an alleged addendum order allowing him to serve the remainder of his jail term under house arrest.
Judge Hayatul Akmal Abdul Aziz has fixed March 11 for the next case management.
On Jan 6, a three-bench Court of Appeal panel, in a split decision, allowed the former prime minister to initiate a judicial review to review the existence of an addendum issued by the former Yang di-Pertuan Agong.
The Appellate Court also allowed Najib to adduce additional affidavits to support his application.
Najib is currently serving a six-year prison sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd.
The High Court had sentenced him to 12 years in prison with a fine of RM210 million, and the verdict was subsequently upheld by the Court of Appeal and Federal Court.
However, his prison sentence was halved to six years and his fine was reduced to RM50 million following his petition for a royal pardon on Sept 2, 2022.
Najib later filed an application on an alleged addendum order signed by the 16th Yang di-Pertuan Agong.
The addendum purportedly allowed Najib to serve the remainder of his prison sentence under house arrest. Previously, the High Court had dismissed his application. - NST, 20/1/2025