Court upholds dismissal of Anwar's NSC Act challenge

The Court of Appeal has upheld a High Court decision to dismiss Pakatan Harapan de facto leader Anwar Ibrahim’s challenge against the National Security Council Act 2016 on a preliminary objection.

Anwar had filed a judicial review to challenge the constitutionality of the NSC Act in August last year, a day after the law came into force under Article 66(4A) of the Federal Constitution.

He is also seeking to have a 1993 constitutional amendment inserted in 1993 declared unconstitutional, which states that if the Yang di-Pertuan Agong does not assent to a bill within 30 days, it automatically becomes law.

The three-member panel, comprising judges Rohana Yusuf, Ahmadi Asnawi and Badariah Sahamid, unanimously agreed that Anwar’s suit is tantamount to questioning the competence of Parliament.

Thus, Rohana said the court is bound by the Federal Court’s precedent not to allow Anwar’s appeal.

Critics, including the Council of Rulers, had expressed concern that the NSC Act’s wide emergency-like powers could be abused for purposes other than security matters.

Anwar’s case had been dismissed by the High Court in Kuala Lumpur on Oct 14 last year, after judge Hanipah Farikullah allowed the government’s preliminary objection that the court did not have the power to strike out without permission from the Federal Court.

Anwar’s lawyer Latheefa Koya (photo) told reporters after the hearing today that an appeal would be filed to the Federal Court.

“The case has been dismissed unanimously by the court because they feel that the application by Anwar is questioning the competence of the Parliament, which we are disputing.

“We are not talking about the right of parliament to enact the act; we are saying that by doing so - by passing the law - you are going against the basic structure of the constitution.

“That’s the difference. So we will be taking it up to the Federal Court,” she said.

Also representing Anwar in the hearing is the former federal court judge Gopal Sri Ram, who argued that Anwar’s case is different from the precedents that the High Court had relied upon in its decision.

The government is represented by senior federal counsels Amarjeet Singh and Suzana Atan.-Mkini