Former Prime Minister Datuk Seri Najib has opposed the government's "gag order" in court, which aims to prevent public discussion of what he claims to be a home detention addendum.
In his defense filed in the High Court on Wednesday (February 5th), Najib stated that the application for the gag order was "premature" as there is currently no immediate risk, threat, or prejudice to a fair trial for any party involved in the litigation.
He stated in the document: "No one has submitted an affidavit and provided sufficient evidence that national security is threatened."
According to The Star, which has reviewed the document, Najib noted that if anyone makes seditious or defamatory remarks against the royalty, the Attorney General's Office can file civil or criminal lawsuits against that person.
"So far, there have been no reports concerning legal action against individuals involved in such behavior, so there is no direct risk or threat to the royalty."
On January 20th, the Attorney General's Office applied to the court for a gag order to stop any party from discussing Najib's judicial review lawsuit regarding the additional directive, which allegedly allows him to serve the remaining 6 years of his sentence at home.
This application was filed two weeks after the Court of Appeal made a decision on January 6th. The Court of Appeal, by a majority of 2 to 1, allowed Najib to appeal the judicial review application on the additional directive and sent the case back to the High Court for substantive hearing.
Najib submitted a judicial review leave application on April 1, 2024. He has listed the Minister of Home Affairs, the Director-General of Prisons, the Attorney General, the Federal Territories Pardon Board, the Minister of the Prime Minister's Department (Law and Institutional Reform), the Director-General of the Legal Affairs Division of the Prime Minister's Department, and the government as the first to seventh respondents.
In the notice of application, Najib seeks a mandamus order requiring all or any of the respondents to answer and verify whether the additional directive dated January 29, 2024, exists.
According to the mandamus order sought by Najib, if the additional directive does exist, all or any of the respondents must carry out the directive and immediately transfer him from Kajang Prison to his residence in Kuala Lumpur to serve the remainder of his sentence at home.
On July 4, 2024, the Kuala Lumpur High Court dismissed Najib's application for leave for judicial review, citing that the evidence in the supporting affidavit was hearsay evidence.