Anwar seeks to invalidate the NSC Act

Kuala Lumpur: Datuk Seri Anwar Ibrahim on Tuesday filed a lawsuit that seeks to strike down the National Security Council Act 2015, a security law which came into force on Monday.Lawyer N. Surendran, who acted for former opposition leader Anwar, confirmed that the originating summons was filed at the High Court Registry here Tuesday morning.

The suit named the Government of Malaysia and the National Security Council (NSC) as defendants.

According to a copy of the suit, Anwar seeks to invalidate the NSC Act on grounds that the Yang Di-Pertuan Agong's assent is required for the passing of the said security law.

Anwar claimed that the provision of Article 66 (4A) of the Federal Constitution - which permits a parliamentary bill to automatically become law 30 days after it is presented to the Yang Di-Pertuan Agong regardless of whether he assents to it or not - is invalid.

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Early this year, the National Security Council Bill was presented to the Yang Di-Pertuan Agong, who did not give his assent and had given recommendations for amendment to the bill.

The NSC Act was passed by Parliament last December. It was gazetted on July 7 and came into effect on Monday.

The law seeks to strengthen the coordination of intelligence, establish a swift response mechanism, and if it is in the interests of national security, to enable the establishment of a security area for six months.

The NSC comprises eight members, at least five of whom must be present to constitute a quorum at any meeting of the council.

As the council's chairman, the Prime Minister may revoke the declaration of a security area at any time during the six-month period.

The NSC Act also contains provisions for the protection of civilians and their property as and when they are covered by the establishment of a security area, and also sets limits on the actions of the security forces during that time.

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Security forces operating in any declared security area are subject to the instructions and directives that are issued for the operation.

While conducting the operation, the security forces also remain subject to the laws that govern them.

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