This article was last updated on April 16, 2022
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Today the High Court invalidated the Home Minister’s order, issued on July 1 last year that declared Bersih as an illegal society. Judge Datuk Rohana Yusof said the minister’s option was “tainted with irrationality”, in allowing a judicial review application by Bersih 2.0 steering committee. 14 members of the steering committee which included chairman Datuk S. Ambiga who filed the application on July 8 last year, naming the home minister, inspector-general of police and the government as respondents.
The minister had banned Bersih because the coalition was being used for purposes that were damaging to the interest of the country’s security and public order. Rohana, in delivering her judgment, said there were negotiations between the applicants and the respondents on the location of the public meeting, Ambiga had an audience with Yang di-Pertuan Agong and the occasion took place without any criticism, as scheduled on July 9. She said, “No actions were taken against the applicants (Bersih) under the provisions of the Societies Act 1966,” she said.
Rohana also said that the decision to ban Bersih invaded on the rights guaranteed under the Federal Constitution and should not be taken in just a laid-back manner. She said, “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,” adding that there could only be two reasons why no action was taken and that were; firstly, Bersih was unlawful for being a threat to security, but a week later it was no longer a threat; or the decision to declare Bersih unlawful was made without taking into account relevant or irrelevant facts.
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