Thursday 28 Mar 2024
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KUALA LUMPUR (March 8): With no decision by the Federal Court for leader of opposition Datuk Seri Anwar Ibrahim's legal questions on the constitutionality of the National Security Council (NSC) Act 2016, the High Court today fixed another case management date on May 10, 2021.

When contacted, Anwar's lawyer Leela Jesuthasan said the apex court has yet to make a decision after it heard the matter on Jan 7.

"Next case management on May 10, 2021 pending decision of the Federal Court. To date, the federal court has not fixed a date for decision," she told theedgemarkets.com following a case management before High Court deputy registrar Norazlin Othman earlier today.

A seven-man bench is presiding over the matter led by Federal Court judge Datuk Vernon Ong Lam Kiat. The others are Federal Court judges Puan Sri Zaleha Yusof, Datuk Zabariah Mohd Yusof, Datuk Seri Hasnah Mohammed Hashim, Datuk Mary Lim Thiam Suan, Datuk Harmindar Singh Dhaliwal and Datuk Rhodzariah Bujang.

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 defendants, respectively.

Anwar is 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 null and void on grounds that they breach the basic structure of the Federal Constitution.

He is also seeking a consequential declaration that the NSC Act is unconstitutional, null and void on grounds that it became law pursuant to an unconstitutional amendment, was not enacted in accordance with Article 149, and violates freedom of movement as guaranteed under Article 9 (2) of the Federal Constitution.

On Feb 11 last year, the Federal Court in a 5-2 majority verdict declined to answer the constitutional questions raised by Anwar on the NSC Act and held that it had not been shown that the existence of the NSC Act had interfered with Anwar's personal life.

Anwar subsequently filed an application to review the Feb 11, 2020 decision to which the court on Sept 10 allowed his request to set aside the majority ruling and ordered the case to be reheard at the Federal Court.

Edited ByLam Jian Wyn
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