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Anwar's suit to challenge NSC Act thrown out

Posted: 14 Oct 2016 01:01 AM PDT

A High Court threw out a lawsuit by PKR leader Datuk Seri Anwar Ibrahim to stop the implementation of the National Security Council (NSC) Act 2016 after ruling that it had no jurisdiction to decide over the issue. 

On Friday, High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah dismissed the civil action after hearing a preliminary objection by Senior Federal Counsel Datuk Amarjeet Singh that the court had no jurisdiction to decide the matter.

Anwar's lead counsel N. Surendran told the media that the judge accepted the preliminary objection that the legal challenge should be filed at the Federal Court by way of obtaining leave from the apex court.

Surendran said Justice Hanipah did not accept their submissions that the High Court had jurisdiction under Article 4(1) of the Federal Constitution to decide the lawsuit on inconsistency of the NSC Act with various provisions of the Federal Constitution.

Anwar's co-counsel Latheefa Koya said the judge ruled that leave should be obtained from the Federal Court as it involved challenge on the power of the Parliament to make law under Article 4(3) of the Federal Constitution.

Speaking to reporters after the decision was delivered in chambers, SFC Amarjeet said he had argued that only the Federal Court had the jurisdiction on the issue relating to legislative competence of the Parliament to make law.

"We say it is on the issue of (legislative) competency but they said it is on inconsistency (of the NSC Act) with the provisions of the Federal Constitution," added SFC Amarjeet.

Surendran said they would appeal to the Court of Appeal against the court decision, adding that Anwar was ordered to pay RM3,000 in costs to the defendants.

On Aug 2, Anwar filed his originating summons and named the Government and the National Security Council as defendants.

Anwar had challenged the Act, which took effect on Aug 1, on grounds that it was unconstitutional.
He sought to stop the operation of the NSC Act in his bid to restore the power of the King on Royal Assent.

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