PUTRAJAYA: The Federal Court today reserved judgment on the validity of the National Security Council (NSC) Act 2016, which was brought up by Datuk Seri Anwar Ibrahim.
The opposition leader who posed legal and constitutional questions on the Act is seeking for the security law to be struck down.
Anwar's lawyer Datuk Seri Gopal Sri Ram in his submissions said that the Act which came into force on Aug 1, 2016, was unconstitutional as it has taken away a part of the basic structure of the Federal Constitution as well as the basic fundamental rights set out under it.
He said certain aspects of the Act had removed the rights to life and liberty, freedom of movement, freedom of speech, assembly and association and right to property.
The Act, he said, which deals with the security of the nation did not come within the ambit of Article 149 of the Federal Constitution to take away such rights.
"The NSC Act deals with the security of the federation and if it wants to interfere or violate the fundamental rights, it must be enacted under Article 149," he said, adding that there was nothing under the Article stating that fundamental rights could be taken away.
Sri Ram further argued that the Act was null and void as it had been passed without receiving the royal assent of the Yang di-Pertuan Agong.
He said the function of the King to assent to bills is an executive power and the King must act upon advice of the Cabinet or minister.
"For that reason, the NSC Act which did not have assent of the Yang di-Pertuan Agong, is unconstitutional.
"Therefore we ask for the Act to be struck down," he said.
Meanwhile, senior federal counsel Suzana Atan who acted for National Security Council and the government argued that the Yang di-Pertuan Agong does not have discretion in assenting bills.
She said the King was a constitutional monarch and must act on the advice of the Cabunet and minister.
A seven-member Federal Court panel chaired by Datuk Vernon Ong Lam Kiat then reserved its decision on the matter after hearing the submissions by both parties.
"We will CAV (curia advisari vult) the matter. We will inform parties when we are ready for our decision," he said.
The others presiding were Datuk Zaleha Yusof, Datuk Zabariah Yusof, Datuk Seri Hasnah Mohammed Hashim, Datuk Mary Lim Thiam Suan, Datuk Harmindar Singh Dhaliwal and Datuk Rhodzariah Bujang.
On Sept 10, the Federal Court allowed Anwar's review application to set aside a majority ruling which declined to answer constitutional questions on the validity of the NSC Act 2016.
The court then ordered for the case to be reheard at the Federal Court.
In the notice of motion he filed in March last year, Anwar claimed that there was a serious breach of natural justice in the decision as he was not accorded the right to be heard on the issue of whether the questions posed were abstract, academic and hypothetical.
He claimed that the majority came to a decision based on an issue which was never raised in the submissions of the government which was one of the respondents in his originating summons.
Anwar had filed the originating summons on Aug 2, 2016, a day after the security law came into force to challenge the constitutionality of the NSC Act, claiming that its implementation was unconstitutional.
He had named the National Security Council and government as defendants.
He is seeking to invalidate the NSC Act on grounds that the Yang di-Pertuan Agong's assent is required for the passing of the said security law.
Anwar claimed that the provision of Article 66 (4A) of the Federal Constitution - which permits a parliamentary bill to automatically become law 30 days after it is presented to the Yang di-Pertuan Agong regardless of whether he assents to it or not - is invalid.
