KUALA LUMPUR: Datuk Seri Anwar Ibrahim has filed a notice of motion to review a Federal Court majority ruling which declined to answer constitutional questions on the validity of the National Security Council (NSC) Act 2016.
In the notice of motion, Anwar claimed that there was a serious breach of natural justice in the decision.
This, the PKR president claimed, was because 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.
The PKR president who recently filed the notice said this had caused grave injustice as the respondents had taken the position that his originating summons at the High Court ought to be struck out without even being heard.
On Feb 11, the Federal Court declined to answer constitutional questions referred by Anwar on the constitutionality of the NSC Act.
A seven-member bench, in a majority 5-2 decision, held that it was not a proper case for the Federal Court to answer as the questions referred were abstract and purely academic.
Federal Court judge Datuk Nallini Pathmanathan, who delivered the majority decision, ordered the case to be remitted to the High Court to be struck out.
Anwar had filed the originating summons in 2016 to challenge the constitutionality of the NSCA, claiming that its implementation was unconstitutional.
He had named the National Security Council and government as defendants.