DATUK SERI ANWAR IBRAHIM v. KERAJAAN MALAYSIA & ANOR

[2021] 6 MLRA 42

DATUK SERI ANWAR IBRAHIM v. KERAJAAN MALAYSIA & ANOR
Federal Court, Putrajaya
Vernon Ong Lam Kiat, Zaleha Yusof, Zabariah Mohd Yusof, Hasnah Mohammed Hashim, Mary Lim Thiam Suan, Harmindar Singh Dhaliwal, Rhodzariah Bujang FCJJ
[Civil Appeal No: 06(RS)-1-03-2019(W)]
6 August 2021

JUDGMENT

Zaleha Yusof FCJ (Majority):

Introduction

[1] By consent and by order of the High Court dated 14 March 2019, this special case was referred to this court pursuant to s 84 of the Courts of Judicature Act 1964 (CJA) for the following constitutional questions to be determined by this court; so that the appellant's Originating Summons (OS) may be continued and disposed of by the High Court in accordance with the judgment of this court:

(1) Whether s 12 of the Constitution (Amendment) Act 1983 (Act A566), s 2 of the Constitution (Amendment) Act 1984 (Act A584) and s 8 of the Constitution (Amendment) Act 1994 (Act A885) (cumulatively referred to as "the amending Acts") are unconstitutional, null and void and of no effect on the ground that they violate the basic structure of the Federal Constitution (FC); and

(2) Whether the National Security Council Act 2016 (NSCA) is unconstitutional, null and void and of no effect on the following grounds:

(i) it became law pursuant to unconstitutional amendments;

(ii) it was not enacted in accordance with art 149 of the FC; and

(iii) it violates the freedom of movement guaranteed by art 9 Clause (2) of the FC.

[2]Section 85 of the CJA provides that the Federal Court shall deal with and determine the special case in the same way as an appeal to the Federal Court. As far as the appellant's special case is concerned, this is the second time this special case is heard before this court. The original panel which heard the special case had, by a majority decision on 11 February 2020, declined to answer the constitutional questions as referred on the ground that they are abstract, academic and purely hypothetical. See: Datuk Seri Anwar Ibrahim v. Government of Malaysia & Anor [2020] 2 MLRA 1; [2020] 4 MLJ 133; [2020] 3 CLJ 593; [2020] 2 AMR 433 (DSAI 1).

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