
Lawyer J Leela said judge Nordin Hassan had also given direction that the government may file an affidavit to Anwar’s action by Dec 21.
“If required, we have been given until Jan 11 to rebut the government’s affidavit,” she told reporters after case management before Nordin today.
Nordin also ordered both parties to file their written submissions by Feb 13, before oral submissions are made by the lawyers on Feb 27.
Senior federal counsel Mazlifah Ayob appeared for the government and the NSC, who were named as the defendants.
In the suit filed on Aug 2, 2016, Anwar claimed that the implementation of the NSC Act was unconstitutional and void for two reasons.
Firstly, he said, it became law under Article 66 (4A) of the Federal Constitution.
He said the article was the product of Section 12 of the Constitution (Amendment) Act 1983, Section 2 of the Constitution (Amendment) Act 1984 and Section 8 of the Constitution (Amendment) Act 1994.
“It effectively abolishes the need for royal assent. The amendments are unconstitutional because they violate the basic structure of the constitution,” he said.
Secondly, he said, the NSC Act was a security law and did not comply with Article 149 of the Federal Constitution.
Last week, a five-member Federal Court bench led by Chief Justice Richard Malanjum sent back Anwar’s legal challenge on the NSC for the High Court to hear.
The bench reinstated Anwar’s originating summons after receiving no opposition to his appeal from the government and NSC.
Anwar’s action to challenge the constitutionality of the NSC was struck out by the High Court in October 2016 on grounds that the court lacked the jurisdiction to hear the matter.
Anwar lost his appeal at the Court of Appeal on Nov 6 last year. In March, however, the Federal Court granted him leave to appeal against the decision.