Anwar's originating summons against NSC for hearing Feb 27
Published on: Thursday, November 22, 2018
Kuala Lumpur: The High Court here Wednesday fixed Feb 27 next year to hear an originating summons filed by Parti Keadilan Rakyat (PKR) President Datuk Seri Anwar Ibrahim to to challenge the constitutionality of the National Security Council (NSC) Act 2016.Judge Datuk Nordin Hassan set the date in chambers when the case came up before him for mention. Also present at the proceeding were lawyer J. Leela, acting for Anwar, and senior federal counsel Mazlifah Ayob, representing NSC and the government.Leela told reporters that the court also fixed Dec 21 for case management for NSC and the government to file their affidavits, and Jan 11 next year as the deadline for Anwar to file the affidavit-in reply.
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The also set Feb 13 next year for further case management to allow parties involved to file in their written submissions, she added.Last Nov 13, the Federal Court remitted the case back to the High Court after allowing Anwar's appeal for reinstatement of the originating summons for hearing of its merit.Anwar filed the originating summons to challenge the constitutionality of the NSC which came into force on Aug 1, 2016, but was struck out by the High Court 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 states 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.
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Anwar lost his appeal at the appellate court which was dismissed on Nov 6, 2017. In March, this year, the Federal Court granted him leave to appeal against the decision. In his civil action filed on Aug 2, 2016, Anwar claimed that the implementation of NSC Act 2016 was unconstitutional and void.
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