This article was last updated on April 16, 2022
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Yesterday, the Kuala Lumpur High Court quashed the statement by the home minister that the Coalition for Clean and Fair Elections (Bersih) was an illegal society, rendering a moral victory to the movement. Judge Datuk Rohana Yusuf in her written judgment said that the declaration by Datuk Seri Hishamuddin Hussein on July 1 2011 was “tainted” and “irrational” and against the Federal Constitution. She said, “In my view the decision to declare Bersih unlawful is tainted with irrationality and it was made without taking into account relevant facts.”
Lawyers for liberty coordinator Fadiah Nadwa Fikri said that the government has to accept responsibility to the harm and injuries caused to the coalition as well as those injured in the rallies from police action for free and fair elections.
She said, “The government went against Article 10 of the Federal Constitution that guarantees Malaysian citizens the right to freedom of speech, assembly and association. What are they going to do? Will they apologize to the public? Will they compensate people who were injured?”
She also said, “We always maintained that Bersih is a legal entity as it is in line with the rights to freedom of expression, assembly and association. The court’s decision reaffirms the rights.”
Justice Rohana said, “It would be unreasonable for a society to be found unlawful for serious reasons like being used for a purpose prejudicial to public order and national security, on July 1, 2011, and then no longer so on July 5, 2011,” she said.
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