The Star
by M. MAGESWARI
by M. MAGESWARI
KUALA
LUMPUR: The Bersih 2.0 steering committee has succeeded in its bid to
get the court to quash an order by the Home Minister that the movement
is an unlawful society.
The
ruling by High Court (Appellate and Special Powers) judge Justice
Rohana Yusuf, however, has given rise to different takes of what the
decision means to each party.
The
applicants’ lawyer K. Shanmuga said the court ruling implies that
Bersih 2.0 is now a legal entity while Senior Federal Counsel Azizan Md
Arshad said the decision shows that it remains an unregistered society.
The
minister’s decision was tainted with irrationality, said Justice
Rohana, leading to applause and cheers among the Bersih supporters.
The
judge said the facts of the case were built upon ongoing episodes after
the minister made the order on July 1 last year, adding it was all so
intertwined that it would be ridiculous to ignore the developments
without looking at the facts in their entirety.
She
said after Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin called for
all parties to resolve the situation, the following took place:
> There were negotiations between the applicants and the minister on the location of the Bersih rally;> Bersih 2.0 steering committee co-chairman Datuk S. Ambiga had an audience with Tuanku Mizan on July 5; and> Bersih 2.0 rally took place without censure as scheduled on July 9.
Justice
Rohana held that since Bersih was not considered a society detrimental
to security on July 1, it would be unreasonable to find it so a week
after that.
She
said the decision to outlaw Bersih impinged on the rights guaranteed
under the Federal Constitution and should not have been taken in a
lackadaisical manner.
“If
it is found to be a threat to the security of the nation, the conduct
of the respondents in treating Bersih certainly showed the opposite,”
she said in her 30-page judgment yesterday.
Justice
Rohana said there could only be one of the following things that could
happen – either Bersih was unlawful for being a threat to security; or
the decision to declare Bersih unlawful was made without taking into
account some relevant facts or by taking into account some irrelevant
facts.
Justice
Rohana also noted that no action had been taken against the applicants
under the Societies Act which apply to an unlawful society.
Ambiga
and 13 others had applied to quash the July 1 order made under Section 5
of the Societies Act declaring that the coalition was an unlawful
society.
The Home Minister, Inspector-General of Police and the Government were named as respondents in the application.
The judge did not make any order as to costs.
Bersih
2.0 co-chairman Datuk A. Samad Said told reporters later that they were
glad that the judge had seen the contradiction in the action of the
authorities.
Meanwhile,
Home Minister Datuk Seri Hishammuddin Tun Hussein said the ministry
would seek the Attorney-General Chamber’s views on whether an appeal
should be made against the High Court decision.
“I respect the High Court’s decision,” he said.
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