Anwar’s originating summons to challenge implementation of NSC Act dismissed


KUALA LUMPUR – The High Court here today dismissed an orginating summons filed by PKR President Datuk Seri Anwar Ibrahim (picture) to challenge implementation of the National Security Council  (NSC) Act 2016.

Lawyer J. Leela, representing Anwar, informed Bernama of the court’s decision when contacted after the case management, which was conducted online, before Judge Datuk Ahmad Kamal Md Shahid today. Also present was senior federal counsel S. Narkunavathy, acting on behalf of the NSC and the government.

Leela said Judge Ahmad Kamal dismissed the originating summons without an order to costs based on a Federal Court’s decision which ruled that the NSC Act 2016 was valid and constitutional.

“The Federal Court, had on Aug 6, issued an order for the suit to be disposed of in the High Court and based on the order, Judge Ahmad Kamal dismissed the originating summons,” said the lawyer.

In a 5-2 majority decision, the Federal Court ruled that the NSC Act 2016 is valid and constitutional.

The ruling was made to answer legal questions on the constitutionality of the NSCA raised by Anwar with regards to his originating summons.

The Federal Court reheard Anwar’s legal questions as it had, on September 10 last year, allowed Anwar’s review application to set aside a majority ruling, made on Feb 11, which declined to answer constitutional questions on the validity of the NSC Act.

On Feb11 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 law had interfered with his (Anwar) personal life.

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

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

On March 14, 2019, the High Court allowed Anwar’s application under Section 84 of the Courts of Judicature Act 1964 to refer constitutional questions on his challenge over the implementation of the NSC Act  2016 to the Federal Court.