Monday, September 27, 2021

High Court dismisses Anwar’s originating summons to challenge NSC Act

The judge dismissed the originating summons based on a Federal Court decision which ruled that the NSC Act 2016 was valid and constitutional.

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The High Court in Kuala Lumpur today dismissed an originating summons filed by PKR president Anwar Ibrahim to challenge the implementation of the National Security Council (NSC) Act 2016.

Lawyer J Leela, representing Anwar, informed Bernama of the court’s decision when contacted after 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 Kamal dismissed the originating summons without order to costs based on a Federal Court 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, Kamal dismissed the originating summons,” she said.

The Federal Court had ruled that the NSC Act 2016 was valid and constitutional in a 5-2 majority decision.

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

The Federal Court reheard Anwar’s legal questions as it had, on Sept 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 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 law had interfered with his (Anwar’s) personal life.

Anwar subsequently filed an application to review the Feb 11 decision. 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.

Anwar filed the originating summons in 2016 to challenge the constitutionality of the NSC Act, claiming that its implementation was unconstitutional. He 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.

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