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Friday, October 14, 2016

Anwar’s bid to challenge NSC Act thrown out

PKR de facto leader Anwar Ibrahim has failed in his bid to challenge the National Security Act 2016 as unconstitutional, after the Kuala Lumpur High Court today dismissed his application on the implementation of the controversial legislation.
This after Justice Hanipah Farikullah allowed a preliminary objection raised by lawyers representing the government that the High Court did not have the power to strike out NSC as unconstitutional as permission had to be obtained from the Federal Court.
Anwar's lawyers led by N Surendran and Latheefa Koya argued that the High Court had the power as the Federal Constitution is supreme under Article 4(1) and that other laws inconsistent with it should be declared null and void
However senior federal counsel Amarjeet Singh who leads the Civil division of the Attorney-General's Chambers, said that leave (permission) must be given by the Federal Court to hear such applications on the unconstitutionality of such law based on Article 4(4).
It was reported two months ago that Anwar filed a judicial review application to declare the NSC Act unconstitutional.

He was also seeking an injunction to prevent the NSC, which came into force on Aug 1, from exercising its powers under the Act pending this case.
After the application was dismissed, Amarjeet Singh applied for RM20,000 as costs.
Surendran replied that there should be no costs as this is a matter of public interest which affects all Malaysians.
Justice Hanipah then awarded a nominal sum of RM3,000 as costs. - Mkini

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