The High Court here today struck out former opposition chief Datuk Seri Anwar Ibrahim's lawsuit challenging the implementation of the National Security Council Act 2016.
Justice Datuk Hanipah Farikullah made the decision after allowing the preliminary objections raised by senior federal counsel Datuk Amarjeet Singh, who represented the Malaysian government and National Security Council.
Lawyer N. Surendran Latheefa Koya acted for Anwar.
Amarjeet said when met by reporters that the court had struck out the lawsuit because it did not have jurisdiction to hear the case which involved legislative competence by parliament.
Meanwhile, Surendran said the court did concur with Amarjeet's submission that Anwar could appropriately file the lawsuit after the Federal Court's permission, under Article 4(3) of the Federal Constitution.
He said Article 4(3) allowed for parliament's legislative authority to pass laws to be challenged.
Surendran said he did submit to the High Court that it does have jurisdiction to hear the case under Article 4(1) of the Federal Constitution, on the Act which Anwar claimed was inconsistent with federal constitution provisions.
"The court ordered RM3,000 to be paid as costs to the respondents," he disclosed, adding that he would file an appeal against today's decision.
On Aug 2, Anwar filed the civil action alleging that the implementation of the National Security Council Act 2016 effective Aug 1 was unconstitutional and void.
Anwar had sought a declaration that Section 12 of the Constitution Act, Article 66(4) and Article 66(4A) of the Federal Constitution were unconstitutional, null and void.
He had also sought an injunction to prevent the National Security Council from taking any action under the Act. -- Bernama
Bernama
Fri Oct 14 2016
On Aug 2, Anwar filed the civil action alleging that the implementation of the National Security Council Act 2016 effective Aug 1 was unconstitutional and void. - BERNAMApic/Files
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