Government, NSC submit preliminary objections to Anwar’s summons

In the originating summons filed on August 2, 2016, Datuk Seri Anwar Ibrahim claims that the implementation of the NSC Act 2016 was unconstitutional, null and void. — Picture by Miera Zulyana
In the originating summons filed on August 2, 2016, Datuk Seri Anwar Ibrahim claims that the implementation of the NSC Act 2016 was unconstitutional, null and void. — Picture by Miera Zulyana

KUALA LUMPUR, Feb 18 — The Malaysian government and the National Security Council (NSC) have submitted preliminary objections to the originating summons filed by Port Dickson Member of Parliament Datuk Seri Anwar Ibrahim to challenge the implementation of the NSC Act 2016.

This was disclosed by lawyer J. Leela, representing Anwar as the plaintiff, after case management today in the chambers of High Court Judge Datuk Nordin Hassan, which was also attended by senior federal counsel Alice Loke Yee Ching, who was acting for the government and NSC.

Leela said the government and NSC as defendants had made the verbal preliminary objections at the case management and the court fixed June 4 to hear the objections.

“The court also set the same date (June 4) for hearing the originating summons filed by Datuk Seri Anwar Ibrahim,” she told reporters.

The Federal Court had on February 11 this year declined to answer constitutional questions raised by Anwar on the validity of the NSC Act 2016.

A seven-member panel, in a 5-2 majority decision, declared that it was not a proper case for the court to determine the questions of law as the questions referred to were abstract and academic.

Federal Court Judge Datuk Nallini Pathmanathan, who delivered the majority decision, ordered that the case be remitted to the High Court.

In the originating summons filed on August 2, 2016, Anwar claims that the implementation of the NSC Act 2016 was unconstitutional, null and void.

He is seeking a declaration that the NSC Act violated the constitution in his effort to restore the power of assent to the Yang di-Pertuan Agong with regard to any laws.

On March 14 last year, the Kuala Lumpur High Court allowed Anwar’s application under Section 84 of the Courts of Judicature Act 1964 to refer the matter to the Federal Court to determine four constitutional questions. ­— Bernama

Related Articles