High Court: Bersih is lawful!

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The movement for free and fair elections is demanding that the police return all property that was seized from their premises last June.

These include a whopping 800 yellow t-shirts, three laptops and an unspecified amount of posters, placards, pictures and members’ list.

Malaysiandigest.com

Bersih 2.0: Give Our Stuff Back!

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Ida Nadirah (ida@malaysiandigest.com)
Tuesday, 24 July 2012 12:27
haris_ibrahimKUALA LUMPUR: Now that Bersih is no longer an illegal entity, the coalition has only one message to the authorities: “Give our stuff back!”

The movement for free and fair elections is demanding that the police return all property that was seized from their premises last June.

These include a whopping 800 yellow t-shirts, three laptops and an unspecified amount of posters, placards, pictures and members’ list.

Bersih 2.0 steering committee member Haris Ibrahim (left) said the movement would be asking police for the items to be returned.

“Now that we are no longer deemed illegal, it is only right for the authorities to return what it rightfully ours,” he said.

He welcomed the court’s decision, saying that it was a long time coming.

“Our name has finally been cleared, di-bersihkan,” he quipped.

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Malaysian Insider

Bersih leaders say vindicated by court ruling it legal

By Debra Chong and Mohd Farhan Darwis
July 24, 2012
(From left) A file photo of the Bersih 2.0 steering committee including Dr. Subramaniam Pillay, Arul Prakkash, Datuk Ambiga Sreenevasan, Datuk Dr Toh Kin Woon, Maria Chin Abdullah and Dr Wong Chin Huat.

KUALA LUMPUR, July 24 — Bersih 2.0 leaders whooped with joy after a High Court ruled the electoral reform lobby group is a legal society today, overturning Putrajaya’s order to outlaw it last year in a move likely to raise further its public profile in the run-up to key national polls due soon.

Prominent lawyer-activist Datuk Ambiga Sreenevasan, who co-heads the 82-member group, told The Malaysian Insider she was “delighted” by the court ruling today to quash the federal government’s declaration outlawing Bersih in July last year.

“I have just heard the good news that the learned judge of the High Court has quashed the order of the minister that had declared Bersih illegal. Naturally, I am delighted by this outcome,” she said in a text message immediately after the court decision.

“In my view, the decision accords with my understanding of the law in relation to the making of such decisions by those in power,” she added.

Instead of wasting public funds on suits against Bersih, [the government] should spend more effort and give recognition to…what the citizens who have come out to demonstrate for clean and fair elections have been calling for. — Maria Chin Abdullah

Ambiga, who is currently abroad, thanked her legal team and supporters for standing by the group, which has been persistently branded an outlawed group by the ruling Barisan Nasional (BN) coalition ahead of the 13th general elections that could see a regime change in Malaysia for the first time since independence in 1957.

Ambiga has also been singled out by pro-establishment personalities and repeatedly attacked over her vocal calls for the electoral roll to be cleaned of dubious entries before polls are called, now widely speculated to take place in September after the Hari Raya Aidilfitri celebration.

An Umno federal lawmaker had last month suggested in Parliament that the award-winning civil rights fighter be hanged for treason, capital punishment reserved for the most serious crimes. Sri Gading MP Datuk Mohamad Aziz’s remarks drew strong support from fellow BN MPs but was widely criticised by opposition legislators and civil society groups, sparking a national furore.

Bersih co-chairman, Datuk A. Samad Said, told reporters he was relieved the group had been cleared of its “illegal” tag.

“It’s a waste of time, energy and resources and the order saying we are illegal should not be made again,” said the national laureate who attended today’s court hearing at the Duta Court Complex here, in an immediate reaction.

In her ruling today, High Court judge Datuk Rohana Yusof said the coalition of civil societies known as Bersih 2.0, though not officially registered, can be considered a society under the Societies Act.

“The minister’s order is quashed because Bersih is a lawful society,” Rohana said.

Bersih leaders say vindicated by court ruling it legal

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Malaysiakini

Bersih not ‘unlawful organisation’, rules court
  • Hafiz Yatim
  • 10:14AM Jul 24, 2012

The Kuala Lumpur High Court has quashed the home minister’s declaration on July 1 last year that the Coalition for Clean and Fair Elections (Bersih) is an “unlawful” organisation

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Free Malaysia Today

High Court declares Bersih legal

Teoh El Sen | July 24, 2012

The decision (to declare it illegal) is tainted, says the judge.

FULL REPORT

KUALA LUMPUR: The High Court here today quashed a decision by the Home Minister declaring Bersih 2.0 an illegal organisation.

High Court (Appellate and Special Powers Division) judge Rohana Yusof said that Home Minister Hishammuddin Hussein’s order made last year is quashed.

“In my view, the decision is tainted with irrationality… The decision to declare Bersih unlawful was made without taking into account some relevant facts or by taking into account irrelevant facts,” she told a packed courtroom.

She ruled that it was “unreasonable” for the minister to find Bersih unlawful for the serious reason of being “prejudicial to public order and security” on July 1 and then subsequently on July 5 and July 9, the authorities continued to negotiate with the organisers and allow the rally.

“It cannot be the case that one week after that, such reason is no longer valid or applicable… the declaration should be lifted accordingly,” she said.

Rohana said that the conduct of the respondents after Bersih was declared illegal did not reflect the seriousness of it being “prejudicial to public order and security”.

“The decision to outlaw Bersih impinges on the rights guaranteed under the Federal Constitution and should not be taken in just 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 shows the opposite,” she said.

However, Rohana ruled that Bersih 2.0 fell within the ambit of the Societies Act 1966 as it can be defined a society under Section 2 of the said Act.

She then ruled that the Home Minister had acted within his powers, but noted that no charges were brought against any Bersih leader under any offences of the Act.

She also noted that Bersih leader S Ambiga had also met the Yang di-Pertuan Agong even after her group was declared illegal.

In her ruling, Rohana made no orders as to costs.

Read more: http://www.freemalaysiatoday.com/category/nation/2012/07/24/bersih-a-legal-organisation-court-rules/#ixzz21bsXn1Sg

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Malaysiakini

Stop demonising Bersih, gov’t told
  • Koh Jun Lin
  • 1:55PM Jul 24, 2012

The government should stop demonising Bersih in light of a court ruling that it is not an unlawful organisation, said PAS secretary-general Mustafa Ali.

“The verdict is based on law. The misconceptions (of Bersih) all this while, because of BN’s accusations, should (now) be put to rest,” he told a joint press conference with Pakatan Rakyat leaders at the PAS headquarters today.

KL High Court judge Justice Rohana Yusof had also ruled that Home Minister Hishammuddin Hussein’s declaration was “tainted with irrationality”.

Stop demonising Bersih, gov’t told

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