KUALA LUMPUR, March 14 ― Former Opposition leader Datuk Seri Anwar Ibrahim can proceed with his legal challenge against the implementation of the National Security Council (NSC) Act 2016.
A three-judge panel chaired by Chief Justice of Malaya Tan Sri Zulkifli Ahmad Makinuddin allowed Anwar’s leave application, setting aside the Court of Appeal’s dismissal of his challenge last November.
“This morning the Federal Court allowed DSAI leave to appeal against NSC & Govt of Malaysia,” one of his lawyers, Latheefa Koya, said in an emailed media statement today, referring to Anwar by his initials.
She added that the government counsel Suzana Atan did not object.
Anwar had asked the Federal Court to decide on two constitutional matters that essentially questions a challenge a constitutionality of an Act of Parliament on the ground that it violates the basic structure doctrine.
Last November 6, a three-judge panel in the Court of Appeal chaired by Datuk Rohana Yusuf had affirmed the High Court’s October 4, 2016 ruling to dismiss Anwar’s challenge against the NSC Act.
The High Court had said then that it has no jurisdiction to hear the summons as it involved legislative competence by Parliament to enact legislation.
Anwar filed the suit on August 2, 2016 after claiming the execution of the NSC Act 2016, which came into force on August 1 the same year, was unconstitutional and invalid.
In the suit, Anwar also applied for a declaration that Section 12 of the Constitution, Article 66 (4) and Article 66 (4A) of the Federal Constitution were unconstitutional, void and illegitimate, as well as to apply for injunctions to prevent the NSC from taking any action in accordance with the act.