Datuk Seri Anwar Ibrahim Kerajaan Malaysia & 1 Lagi

Datuk Seri Anwar Ibrahim Kerajaan Malaysia & 1 Lagi

Federal Court exercised referral jurisdiction and held: (1) High Court special case transmission under ss84-85 CJA and Article 128(2) was valid; (2) amendments to Article 66 did not breach the basic structure because royal assent remains part of legislative process; (3) NSCA 2016 is in substance a law against subversion and national security measures within Article 149 and therefore required the Article 149 recital — absence of that recital renders NSCA 2016 unconstitutional and of no effect; (4) in any event, key provisions (notably ss18 and 22) are disproportionate intrusions on Article 9(2) freedom of movement and therefore unconstitutional; (5) matter remitted to High Court to give...

Citation
06(RS)-1-03/2019(W) (Mahkamah Persekutuan)
Parties
Appellant/plaintiff: Datuk Seri Anwar Ibrahim; Respondent/defendant: Government of Malaysia; Respondent/defendant: National Security Council
Court
RS
Jurisdiction
Malaysia
Judgment Date
11 February 2020
Case Number
06(RS)-1-03/2019(W) (Mahkamah Persekutuan)
Procedural Posture
Constitutional Reference / Federal Court Decision on Special Case Under S84 Cja; Matter Remitted to High Court for Final Disposal
Outcome
Federal Court answered special case: dismissed basic structure challenge to Article 66 amendments; declared NSCA 2016 unconstitutional for failure to be enacted pursuant to Article 149 and for disproportionate infringement of Article 9(2); remitted matter to High Court for final disposal
Legal Topics
Basic Structure Doctrine, Royal Assent, National Security Legislation, Article 149 (subversion), Freedom of Movement (article 9), Proportionality, Locus Standi, Reference Procedure S84 S85 CJA
Source Language
Malay/English
Constitutional Law Administrative Law Public Law Criminal Law Basic Structure Doctrine Royal Assent National Security Legislation Article 149 (subversion) +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 25 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Datuk Seri Anwar Ibrahim

Appellant/plaintiff

Government of Malaysia

Respondent/defendant

National Security Council

Respondent/defendant

Procedural Posture

Constitutional Reference / Federal Court Decision on Special Case Under S84 Cja; Matter Remitted to High Court for Final Disposal

Legal Issues

  1. 1 Whether Federal Court has jurisdiction to answer High Court special case under Article 128(2) and ss84-85 CJA
  2. 2 Whether amendments to Article 66 (royal assent) violate basic structure doctrine
  3. 3 Whether NSCA 2016 was validly enacted pursuant to Article 149 or is unconstitutional for failure to invoke Article 149 recital

Ratio Decidendi

Federal Court exercised referral jurisdiction and held: (1) High Court special case transmission under ss84-85 CJA and Article 128(2) was valid; (2) amendments to Article 66 did not breach the basic structure because royal assent remains part of legislative process; (3) NSCA 2016 is in substance a law against subversion and national security measures within Article 149 and therefore required the Article 149 recital — absence of that recital renders NSCA 2016 unconstitutional and of no effect; (4) in any event, key provisions (notably ss18 and 22) are disproportionate intrusions on Article 9(2) freedom of movement and therefore unconstitutional; (5) matter remitted to High Court to give...

Court Disposition

Federal Court answered special case: dismissed basic structure challenge to Article 66 amendments; declared NSCA 2016 unconstitutional for failure to be enacted pursuant to Article 149 and for disproportionate infringement of Article 9(2); remitted matter to High Court for final disposal

Orders

  • NSCA 2016 declared unconstitutional, null and void to the extent that it was not enacted pursuant to Article 149 and lacked the required Article 149 recital
  • Sections 18 and 22 of NSCA 2016 declared unconstitutional for disproportionately infringing Article 9(2) of the Federal Constitution