High court strikes out Anwar’s National Security Council case

(The Sun Daily) – The High Court today dismissed a suit by Datuk Seri Anwar Ibrahim (pix) to stop the implementation of the National Security Council (NSC) Act 2016.

Judge Datuk Hanipah Farikullah had, in chambers, allowed a preliminary objection by Senior federal counsel Amarjeet Singh that it is out of the high court’s jurisdiction to hear the case.

“The judge agreed with our submission that this matter could only be heard by the Federal Court.

“It is an issue relating to the legislative competence of Parliament to make laws,” he told reporters today.

Amarjeet said the leave must be granted by the Federal Court to hear applications on the unconstitutionality of any law.

Anwar’s counsel N.Surendran said Hanipah ordered Anwar to pay the government RM3,000 in costs.

He said the government lawyers’ argued that the application must come under Article 4(3) of the Federal Constitution and not as applied under Article 4(1).

“They want us to go straight to the Federal Court instead of the High Court.

“But we are saying it should be under Article 4(1) as the NSC breaches several provisions of the Constitution. So the high court can strike off any legislation if it is inconsistent with the Constitution,” Surendran told reporters.

He said Anwar will file an appeal on the decision soon.

“We are not challenging the competency of the Federal legislature to pass laws. We are raising the inconsistencies of the law with the Constitution,” Surendran explained.

Anwar had filed a suit on Aug 2 to stop the implementation of the NSC Act on grounds that it is unconstitutional.