Anwar’s challenge over implementation of NSC Act remitted to High Court

PUTRAJAYA, Nov 13 — The Federal Court today remitted PKR president-elect Datuk Seri Anwar Ibrahim’s legal challenge over the implementation of the National Security Council Act (NSC) 2016 back to the High Court for hearing.

A five-member bench chaired by Chief Justice Tan Sri Richard Malanjum allowed Anwar’s appeal for reinstatement of his originating summons and for the matter to be sent back to the High Court for hearing of the merits after senior federal counsel Mazlifah Ayob did not oppose the appeal.

Earlier, Anwar’s counsel Datuk Seri Gopal Sri Ram had requested that the court allow the appeal for the matter to be remitted for hearing at the High Court.

Mazlifah, who appeared for the National Security Council and the Government who were made defendants in the lawsuit, confirmed to the court that the matter is to be sent back to the High Court.

Justice Malanjum set Nov 21 for mention of the case at the High Court.

Also presiding on the bench were Court of Appeal President Tan Sri Ahmad Maarop, Chief Judge of Malaya Tan Sri Zaharah Ibrahim and Federal Court judges Tan Sri Azahar Mohamed and Datuk Alizatul Khair Osman Khairuddin.

Anwar’s originating summons to challenge the constitutionality of the NSC which came into force on August 1, 2016, was struck out by the High Court on grounds that the legal challenge should have been filed at the Federal Court as it involved legislative competence by Parliament.

Article 4 (4) of the Federal Constitution states that commencement of proceedings for a declaration that a law is invalid, should be filed at the Federal Court by way of obtaining leave from a Federal Court judge.

Anwar lost his appeal at the appellate court which was dismissed on Nov 6, 2017. In March, this year, the Federal Court granted him leave to appeal against the decision.

In his civil action filed on August 2, 2016, Anwar claimed that the implementation of NSC Act 2016 was unconstitutional and void.

He sought to stop the operation of the NSC Act in his bid to restore the power of the King on Royal Assent. — Bernama