Malaysia Case Law: Decisions & Judgments | LexChat

Topic

National security council act 2016

Legal area

Court

11 Feb 2020

Datuk Seri Anwar Ibrahim Kerajaan Malaysia & 1 Lagi

Citation

06(RS)-1-03/2019(W) (Mahkamah Persekutuan)
Court

RS
Case number

06(RS)-1-03/2019(W) (Mahkamah Persekutuan)

The NSC Act 2016 is in pith and substance a national security/anti‑subversion law and ought to have been enacted under Article 149 of the Federal Constitution; because it was not, the Act is unconstitutional and void; the Federal Court was obliged to hear the reference and the appellant had standing to bring a public interest constitutional challenge; presumption of constitutionality was rebutted.
11 Feb 2020

Datuk Seri Anwar Ibrahim 1. Government of Malaysia 2. The National Security Council

Citation

06(RS)-1-03/2019(W) (Mahkamah Persekutuan)
Court

RS
Case number

06(RS)-1-03/2019(W) (Mahkamah Persekutuan)

The Federal Court declined to answer the referred constitutional questions because the plaintiff failed to demonstrate an actual controversy affecting his rights; the questions were abstract and academic absent allegation that the Amending Provisions or the NSCA had been used or posed a real credible threat to the plaintiff, hence the Court remitted the matter to the High Court.