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 Federal Court declined to answer the constitutional questions referred under section 84 CJA because the originating proceedings presented no factual substratum or actual controversy: the applicant did not demonstrate that his rights were affected or that there was a real and credible threat from the NSCA, and therefore the questions were abstract and academic; the Court remitted the case to the High Court and reaffirmed that section 84 referrals do not convert the Federal Court into a constitutional court or permit abstract adjudication absent exceptional circumstances.