Federal Court to re-hear legality of NSCA brought by Anwar on Jan 7, 2021

 

The Federal Court will re-hear PKR president Anwar Ibrahim's legal questions on the constitutionality of the National Security Council Act (NSCA) 2016 on Jan 7, next year.

Anwar's lawyer, J Leela informed reporters of the date after the case came up for case management via e-review (online proceeding) today before deputy registrar, Azniza Mohd Ali while senior federal counsel, Mazlifah Ayob acted for the government.

The Federal Court will re-hear Anwar’s legal questions as it had, on Sept 10, allowed Anwar's review application to set aside a majority ruling on Feb 11 which declined to answer constitutional questions on the validity of the NSCA.

The court thus ordered the case to be reheard at the Federal Court.

In the application filed in March this year, Anwar as the applicant claimed that grave injustice had occurred following the court's decision not to answer his constitutional questions.

He said the government, as a respondent in the case, had taken the position that his (Anwar's) lawsuit in the High Court should be struck out without being heard.

In the notice of motion, Anwar said there was also a serious breach of natural justice as he was not given the right to be heard on the issue of whether the constitutional questions posed were abstract, academic and hypothetical.

The Port Dickson MP said the majority had decided based on an issue that was never raised by the government.

Anwar sought the Federal Court to set aside the majority verdict and he wanted the court to make an order deemed proper and just.

On Feb 11, the Federal Court in a five-two majority verdict declined to answer the constitutional questions raised by Anwar on the NSCA.

Federal Court judge, Nallini Pathmanathan who delivered the majority decision held that it had not been shown that the existence of the NSCA had interfered with Anwar's personal life.

Anwar had filed the originating summons in 2016 to challenge the constitutionality of the NSCA, claiming that its implementation was unconstitutional. He had named the National Security Council and government as defendants.

On March 14, last year, the Kuala Lumpur High Court allowed Anwar’s application under Section 84 of the Courts of Judicature Act 1964 to refer the matter to the Federal Court for determination of four constitutional questions.

- Bernama