[ad_1]
KUALA LUMPUR: The Federal Court set January 7 next year to rehear a legal and constitutional challenge raised by Port Dickson MP Datuk Seri Anwar Ibrahim on the validity of the National Security Council Act (NSCA) of 2016 .
The constitutional issue was raised in Anwar’s original subpoena seeking to challenge the NSC Act as “unconstitutional.”
His lawyer J. Leela told reporters that the date was set during the handling of the case, which was carried out through an electronic review, before the Deputy Clerk of the High Court, Azniza Mohd Ali, here on Wednesday (14 de October).
Senior Federal Counsel Mazlifah Ayob represented the government in the electronic review proceedings.
Leela said no dates have been set for the main lawsuit in Superior Court.
On September 10, the Federal Court allowed Anwar’s application to review a majority superior court decision that refused to answer legal questions about the constitutionality of the NSCA.
The court then ordered that the case be heard again in Federal Court.
In the application filed in March this year, Anwar, like the plaintiff, claimed that a grave injustice had occurred following the court’s decision not to answer his constitutional questions.
He said the government, as a defendant in the case, had taken the position that his (Anwar’s) claim in High Court should be dismissed without being heard.
In serving the motion, he said that there was also a serious violation of natural justice, as he was not granted the right to be heard on the question of whether the constitutional issues raised were abstract, academic and hypothetical.
Anwar said the majority had decided based on an issue that the government never raised.
He wanted the Federal Court to set aside the majority verdict and issue an order that was deemed appropriate and fair.
On February 11, the Federal Court in a 5-2 majority verdict refused to answer the constitutional questions raised by Anwar about the NSCA.
Federal Court Judge Datuk Nallini Pathmanathan, who issued the majority decision, held that the existence of the NSCA had not been shown to have interfered with Anwar’s personal life.
He ordered that the case be referred to the Superior Court for filing.
In 2016, Anwar filed the original subpoena to challenge the constitutionality of the NSCA, claiming that its implementation was unconstitutional.
He named the National Security Council and the government as defendants.
On March 14 last year, the Kuala Lumpur High Court allowed Anwar’s application under Section 84 of the Judicial Courts Act of 1964 to refer the matter to the Federal Court for determination of four constitutional issues.
[ad_2]
