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JUDGMENT

Rohana Yusuf JCA:

[1] By an Originating Summons dated 20 October 2016, the appellant applied to the High Court at Kuala Lumpur for:

1. A declaration that s 12 of the Constitution (Amendment) Act 1983 (A566), s 2 of the Constitution (Amendment) Act 1984 (A584) and s 8 of the Constitution (Amendment) Act 1994 (A885) are unconstitutional, null and void and of no effect;

2. A consequential declaration that art 66(4) and (4A) as introduced by the Constitutional (Amendment) Act 1994 (A885) is unconstitutional, null and void and of no effect;

3. A declaration that the National Security Council Act 2016 is unconstitutional, null and void and of no effect;

4. An injunction perpetually restraining the 2nd defendant from taking or purporting to take any step or from acting or purporting to act pursuant to the National Security Council Act 2016;

5. Such further and other declaration be granted consequent upon the relief claimed herein;

6. That there be no order as to costs.

[2] In essence, the Originating Summons (OS) seeks to challenge the constitutionality of the National Security Council Act 2016 (NSCA). The NSCA had become law by virtue of art 66(4A) of the Federal Constitution. Under that

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