THE Federal Court is set to hear PKR president Anwar Ibrahim’s suit to challenge of the constitutionality of the National Security Council (NSC) Act 2016 .
 
Kuala Lumpur High Court judge Nordin Hassan referred the case to the Federal Court as a matter of constitutional questions pursuant to Section 84 of the Court of Judicature Act 1964 (Act 92)

“The procedure will take a few weeks. The court will take a week to send to the Federal Court, which shall thereafter will fix a case management date,” Anwar’s lawyer Leela Jesuthasan said, outside the court today.

In his originating summons, Anwar questioned the legality of the National Security Council Act 2016 and several laws related to it.

The Port Dickson MP asked if the National Security Council Act 2016 became law pursuant to unconstitutional amendments; whether it was enacted in accordance to Article 149 of the constitution; and if it violates freedom of movement guaranteed by Article 9(2) of the constitution

The NSC Act was passed in 2016, but did not receive the Yang di-Pertuan Agong’s assent. It came into force on August 1, 2016, pursuant to Article 66(4A) of the federal constitution which removed the need for the King’s assent for a bill to be published as law.

Anwar is challenging the constitutionality of those amending acts on the grounds they have remove the requirement of royal assent, which he contends is part of the basic structure of the federal constitution.

In his civil action filed on August 2, 2016, Anwar claimed that the implementation of the NSC Act 2016 was unconstitutional and void. He is seeking to invalidate the NSC Act to restore the power of the King via royal assent.

Anwar’s originating summons was struck out by the high court on grounds the challenge should have been filed in the Federal Court as it involved legislative competence by Parliament.

Anwar lost his appeal in the appellate court, which dismissed it on November 6, 2017. In March last year, the Federal Court granted him leave to appeal against the decision. – March 14, 2019.