Dewan Rakyat Speaker Azhar Harun today said that former prime minister Najib Razak, who is serving a 12-year jail sentence for the misappropriation of tens of millions, is allowed by law to attend parliamentary proceedings.
However, he said the Pekan MP would need to obtain approval from the prison department.
"He is in the prison's custody, so it's up to them to release him from their custody," he said.
"If they release him, they are the ones who will determine the terms and conditions involved. Again, this is not under my authority," Azhar said.
When asked by Shah Alam MP Khalid Samad about when Najib would lose his status as an MP, Azhar said he was bound by the law.
"The law is not always as it ought to be. We can go on fighting until the cows home over what the law ought to be," he said.
He then read out Article 48(4) of the Federal Constitution which states: "If within the said period of 14 days, an appeal or any other court proceeding is brought in respect of such conviction and sentence, the disqualification takes effect upon the expiry of 14 days from the date such appeal or court proceeding is disposed of by the court."
Najib began serving time on Aug 23 for the misappropriation of RM42 million in SRC International funds, after the Federal Court dismissed his final appeal against his conviction and sentence.
He filed a petition for pardon on Sept 2, and for a review of the Federal Court's judgment on Sept 6.
Azhar subsequently said that Najib would remain MP for Pekan pending the results of both review and petition.