What legal grounds is Norhayati seeking to use to challenge the OSA classification of the task force report?

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Norhayati is challenging the OSA classification of the task force report on multiple legal grounds, including constitutional challenges to the Act itself.

The High Court has granted Norhayati leave to pursue her judicial review application, allowing her to challenge the government's decision to classify a special task force report on her husband Amri Che Mat's disappearance as an official secret under the Official Secrets Act 1972 (OSA). This decision signifies that the court finds her case arguable and that she is adversely affected by the classification, which has hindered her pursuit of justice. The court specifically noted that the classification decision had a sufficient public law element, as it was based on a statutory provision, thereby dismissing objections that her challenge was an abuse of process.
Declaration that the Report Does Not Constitute an "Official Secret"

Norhayati is seeking a court declaration that the task force's report does not fall within the definition of an "official secret" as stipulated in Section 2 of the OSA. This challenges the substance of the classification, arguing that the report's content does not meet the legal threshold for such a designation. Her belief is that the report was classified through the Schedule outlined in Section 2A of the OSA, rather than through a specific public officer's designation under Section 2B.
Constitutional Challenge to the OSA Schedule

A core aspect of Norhayati's legal challenge involves seeking a declaration that the Schedule to the OSA is unconstitutional and therefore null and void. This broad challenge questions the validity of the entire schedule, which lists categories of documents that can be classified as official secrets, such as Cabinet documents, records of decisions, and matters concerning national security, defence, and international relations. By targeting the Schedule, she aims to invalidate the basis upon which the task force report was potentially classified.
Constitutional Challenge to Key Definitions within the OSA

Furthermore, Norhayati is seeking a declaration that the specific phrase "any document specified in the Schedule and any information and material relating thereto" within the definitions of "official secret" under Sections 2 and 2A of the OSA is unconstitutional and null and void. This argument targets the precise wording used to define official secrets, specifically linking it to the Schedule. Her legal strategy appears to be to dismantle the OSA's provisions that are being used to prevent her access to the task force's report, thereby obstructing her quest for information regarding her husband's disappearance.

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What legal grounds is Norhayati seeking to use to challenge the OSA classification of the task force report?

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