Anwar withdraws challenge over royal assent requirement

Former opposition leader Anwar Ibrahim today withdrew his challenge at the Federal Court against three laws that abrogate the mandatory requirement for bills to be assented by the Yang di-Pertuan Agong.

The withdrawal came in view of another application by Anwar to challenge the controversial National Security Council Act (NSC Act) where the bill was also passed without the royal assent by the Agong.

In March, the apex court granted leave (permission) to the jailed leader to challenge the constitutionality of the NSC Act 2016. 

The two questions of law that are to be decided by the apex court are:

• Whether the High Court has the jurisdiction to hear and determine an action seeking a declaration that Section 12 of the Constitution (Amendment) Act 1983, Section 2 of the Constitution (Amendment) Act 1984 and Section 8 of the Constitution (Amendment) Act 1994 are unconstitutional having regard to decisions in the Roman Archbishop vs Home Minister, the Negeri Sembilan state government vs Muhammad Juzaili (the LGBT case), Mark Koding vs Public Prosecutor, Yeoh Tat Thong vs Government and Ah Thian vs Government.
   
• Whether the challenge on the constitutionality of an Act of Parliament on the ground that it violates the basic structure doctrine is one that requires being brought to the Federal Court pursuant to Articles 4(3), 4(4) and Article 128 of the Federal Constitution.

Owing to this, Anwar's lawyer Gopal Sri Ram has agreed to withdraw the case on the challenge against the three amendments.

"We have agreed to withdraw with the liberty to file afresh," the senior counsel said before a single judge, Chief Justice Md Raus Sharif. No order was made as to costs.

Senior federal counsels Amarjeet Singh and Alice Loke appeared for the government.

Anwar had filed the challenge against the three laws on Jan 2, before he obtained leave to challenge the NSC Act.

Today, Justice Raus also allowed the withdrawal of incumbent Bukit Katil MP Shamsul Iskandar Mohd Akin's application to challenge the constitutionalityof Section 4(2) of the Peaceful Assembly Act 2012 over a charge of allegedly participating in the Black 505 rally at a place of worship.

The apex court further allowed the withdrawal of cartoonist Zulkiflee SM Anwar Ulhaque's challenge on the travel ban.

Both withdrawals were granted with the liberty to file afresh. -Mkini