Anwar fails in appeal against implementation of NSC Act

PUTRAJAYA: Former opposition leader Datuk Seri Anwar Ibrahim has once again failed in his appeal to challenge the implementation of the National Security Council (NSC) Act 2016.

A Court of Appeal threemember panel of judges chaired by Datuk Rohana Yusuf dismissed the appeal.

The panel also unanimously agreed that Anwar’s suit was tantamount to questioning the Parliament’s competence.

Therefore, the Court also affirmed the decision of a High Court judge on the same issue made on Oct 14, 2016.

Other panel judges were Datuk Ahmadi Asnawi and Datuk Dr Badariah Sahamid.

Anwar was represented by lawyer Gopal Sri Ram while Senior Federal Consel Datuk Amarjeet Singh acted on behalf of the Malaysian Government and NSC.

On Oct 14 last year, the High Court dismissed Anwar’s suit after allowing the initial objection made by the respondents on the grounds the court had no jurisdiction to hear the summons as it involved legislative competence by Parliament to enact legislation.

On Aug 2 last year, Anwar filed the suit after claiming the execution of the NSC Act 2016, which came into force on Aug 1, 2016 was unconstitutional and invalid.

In the suit, Anwar also applied for a declaration that Section 12 of the Constitution, Article 66 (4) and Article 66 (4A) of the Federal Constitution were unconstitutional, void and illegitimate, as well as to apply for injunctions to prevent the NSC from taking any action in accordance with the act.