KUALA LUMPUR (March 14): The Federal Court will decide the constitutionality of the National Security Council Act (NSC) 2016, following the decision by the High Court today in allowing PKR president, Datuk Seri Anwar Ibrahim’s application to refer two constitutional questions to the Apex Court.
Counsel J. Leela who appeared on behalf on Anwar said, Justice Datuk Nordin Hassan agreed to refer two proposed constitutional questions to the Federal Court pursuant to Section 84 of the Courts of Judicature Act 1964.
The Federal Court will then fix a date to hear this matter, she added.
Anwar, who is also the Port Dickson Member of Parliament, sought to transfer his case to the Federal Court for it to decide on two constitutional questions.
The two amended constitutional questions are:
- Whether the following provisions of written law are unconstitutional, null and void and of no effect namely 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, on the ground that they violate the basic structure of the Federal Constitution and whether the NSC Act 2016 is unconstitutional, null, and void and of no effect;
- Whether the NSC Act is unconstitutional, null and void and of no effect on the following grounds namely it became law pursuant to unconstitutional amendments, it was not enacted in accordance with Article 149 of the Federal Constitution and it violates freedom of movement guaranteed by Article 9(2) of the Federal Constitution.
Anwar filed the originating summons to challenge the constitutionality of the NSC while he was serving his sentence for the second sodomy case. The NSC Act, came into force on Aug 1, 2016, but his application was struck out by the High Court here on grounds that the legal challenge should have been filed at the Federal Court as it involved legislative competence by Parliament.
Article 4 (4) of the Federal Constitution provides that commencement of proceedings for a declaration that a law is invalid, should be filed at the Federal Court by way of obtaining leave from a Federal Court judge.
Anwar lost his appeal at the appellate court after it was dismissed on Nov 6, 2017. On March 2018, the Federal Court granted him leave to appeal against the decision.
On Nov 13, 2018, the Federal Court allowed Anwar’s appeal and remitted back the matter to the High Court for hearing of the merit.
In his originating summons filed on Aug 2, 2016, Anwar claimed that the implementation of NSC Act 2016 was unconstitutional and void, naming NSC and the government as the first and second defendant, respectively.
He is seeking to invalidate the NSC Act in his bid to restore the power of the King on Royal Assent.