Lawyer Haniff Khatri Abdulla, representing three NGO groups, namely ABIM (Angkatan Islam Belia Malaysia), UNGGAS (Urusetia Menangani Gejala Social) and TERAS (Persatuan Teras Pendidikan dan Kebajikan Melayu Malaysia) argued the High Court had erred when it denied leave to start the judicial review.

“The court ruled the filing (which was done on October 4, 2015) was premature as TPPA was not inked yet.”

“However, judicial review was not limited only to a decision, but also extended to an action,” he said.

Earlier, the three groups failed to obtain leave from the High Court to commence judicial review to challenge the TPPA.

Senior federal counsel Shamsul Bolhassan contended the courts were ousted on the government’s decision to sign economic treaties.

“It’s the exclusive decision by the government on trade relations with other countries.”

“The courts have no jurisdiction to decide on government policy decisions and treaties,” he said.

Justice Vernon Ong questioned when one could file a challenge against the government.

Shamsul replied, that a “treaty cannot be challenged. Even after the signing of the treaty, it would not be part of the law until it is implemented.”

“After the treaty is implemented, they can only challeng it if they have issues.”

The panel, which also consisted of Justices Rohana Yusof and Abdul Rahman, fixed July 26 to deliver their decision.

On November 4 last year, ABIM, UNGGAS, and TERAS filed a judicial review to stop the government from signing the TPPA.

The judicial review was to get a declaration that the TPPA provisions would amount to breach of the Federal Constitution.

The Malaysian Government and 11 other countries signed the TPPA on February 4, after Parliament approved a motion.