Hornbill Unleashed

October 14, 2016

Anwar’s constitutional challenge to NSC Act dismissed

Filed under: Politics — Hornbill Unleashed @ 9:01 PM

anwar-nsc-actThe High Court has dismissed a judicial review by Opposition leader Anwar Ibrahim to declare the National Security Council (NSC) Act as unconstitutional.

Senior federal counsel Amarjeet Singh said Justice Hanipah Farikullah threw out the case as the court lacked jurisdiction to hear the matter.

“The judge agreed with our submission that this matter could only be heard by the Federal Court,” he told reporters of the ruling as the matter was conducted in chambers.

The court also order Anwar to pay the government RM3,000 in costs.

Amarjeet, who was assisted by Alice Loke, said the matter raised by Anwar was about legislative competence of Parliament to make laws.

Meanwhile, lawyer N.Surendran said the government lawyers took the position that Anwar should have filed his matter under Article 4(3) of the Constitution.

“They want my client to go straight to the Federal Court instead of the High Court,” he said.

Surendran, who was assisted by Latheefa Koya, said he submitted to the judge that Anwar’s challenge was that the NSC violated a number of articles in the Constitution.

“We are not challenging the competency of the Federal legislature to pass laws,” he added.

Surendran said an appeal would be filed in the Court of Appeal .

On Aug 2, Anwar filed the suit to defer the implementation of the NSC Act on grounds that it was unconstitutional.

V Anbalagan


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