Tue, 24 Jul 2012 05:07:02 GMT | By Amirul Ruslan

Bersih legal, says High Court

Decision by Home Minister declaring Bersih 2.0 an illegal organisation overturned.

KUALA LUMPUR - Home Minister Hishammuddin Hussein's order declaring election activists Bersih 2.0 an illegal organisation was overturned by the High Court today.

At the courtroom, High Court (Apellate and Special Powers Division) judge Rohana Yusof said, "The declaration to declare Bersih unlawful was made without taking into account some relevant facts."

The courtroom was crowded with interested parties hoping to see the decision overturned.

Justice Rohana declared Hishamuddin's decision a "tainted" order, saying that Bersih 2.0 was under the remit of the Societies Act even though it was not officially registered. Last year, the Home Minister used section 5 of the Societies Act (1966) to declare Bersih 2.0 unlawful, stating that the unregistered organisation was illegal and caused unease among the people.

The judge also added that since the order had been made one week after the Bersih 2.0 rally, such an order would not be valid or applicable.

In April this year Bersih, the coalition for free and fair elections, held a third rally with the intention of marching on Dataran Merdeka in support of electoral reform. The rally was quashed by police action including the firing of tear gas and water cannons on Bersih supporters.

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36Comments
BaffledmeMC
Jul 24, 2012 12:25AM
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Well what do you know , the Bersih team is " Bersih " after all . So who is the Kotor here. So the parties concern should clean up their act now. Clean governing body will eradicate all street demo's and restore stability. We will support and vote those who are CLEAN . Till we find the CLEAN TEAM , we will have no choice but to fight and search for them. Prosperity is to be shared with all Malaysians not only among the politicians. People are convinced that the current government is too dirty so please proof them wrong if you want to continue ruling this beautiful nation.
ChangT
Jul 24, 2012 1:06AM
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Look at how BN tried to sandiwara the Selangor water issue!! It is like whatever declared from them is law? What a put on show and Syabas is just another willing puppet. BN will just not care that it is the rakyat whi**** suffering as long as it is in the opposition hand just to "teach" it's voters a lesson! And BN will try all means and pass all laws just to get it's own cronies even more richer.....But the irony of it all is that we are the ones still paying all the taxes even though we are under the opposition's rule!!!

Hence you see why we need "bersih"............​.......

YM2
Jul 24, 2012 2:59AM
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So now we know "Bersih" is legal, so the person who declared it illegal must be "kotor". Let's clean up all the kotor in the coming GE13.
Zed KL-KB
Jul 24, 2012 7:49AM
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Hi Nujum Pak Belalang!!! ... You must know the background scenario before talking.  Long ago, during Salleh Abbas time and before, 7 judges made decisions.  Then came his ouster during Dr M's time, where only 3 judges made decisions.  Now, during Najib's time, 5 judges make decisions.  You must understand that the less number of judges involved, the easier they can be manipulated by the big boss.  So it's not just the judges that matters.  It's the entire system of making decisions.  Fortunately some improvements have taken place recently.  It was done as a result of pressure by the general public for greater transparency and impartiality.  The new PM too has given way to a more educated audience....   Secondly, if Bersih 2 was legal, then Bersih 3 was even more legal.  So who should go to jail now ???
Al Faqir
Jul 24, 2012 6:00PM
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Let us all be focussed...do not get softened by some 'sandiwaras' to win back our heart...we badly need the changes since there are so many wrong things that have been done...some are irreversible...we welcome the favorable decision though...but DO NOT rejoice yet...Inspector Closeau's theory may be right..he could be right...with this decision..the bashing of those people who attended Bersih is now unlawful and we want to see those crime-doers are appropriately dealt with...let there be justice..like they say...justice must not only be done...but it must also be seen done...otherwise there is no justice at all!
Inspector Closeau
Jul 24, 2012 6:11AM
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Here's hoping the High Court's decision isn't itself overturned by the Court of Appeal and the Federal Court, but that would probably only happen after the election so we get to have Bersih for a few months. In the meantime, sit back, relax & enjoy the show.
Sultan Moideen
Jul 24, 2012 8:17PM
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To satisfy the international audience , the High Court has been instructed to play it safe. The next time Bersih organizes a demonstration, the police will infiltrate to create more violence at the behest of Hishamuddin Husin the Home Minister. What Bersih needs is a united international action against the authocratic rule in Malaysia and that will be effective. Those in power in  third countries will not step down.

Zed KL-KB
Jul 25, 2012 2:53AM
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To continue from where Choun Yoong stopped ... the water issue.  I have a theory that BN is using water supply as the main issue to win the next GE, after failing to garner support through others.  A few months ago, they were using water issue in Kelantan, thinking of taking over the state.  However, top BN leaders from KL don't realise that Kelantanese have been using their own private water supply since generations.  It used to be ruled by UMNO too at one time.  So that argument managed to buy top UMNO leaders temporarily, but not the general Kelantanese public.  Now they have stopped it.  I suppose, their effort now is water issue in Selangor.  Of course, BN is dreaming of taking over Selangor.  Being more educated, the people of Klang Valley should respond adequately to this new initiative of the BN.  I believe BN cannot win over the hearts and minds of educated people.  More states will join PR in the next GE !!!
choun yoong
Jul 24, 2012 9:21PM
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This Round 1 was just a technical glitch. Not the time to celebrate. At least two more rounds to go. Outcome depends on referee and ring judges.
Nujum Pak Belalang
Jul 24, 2012 4:41AM
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Those who have utter unfavorable comments regarding the Malaysian Judiciary let there be known that those irresponsible comments have been biased and uncalled for. Therefore, any future comments pertaining to the favoratism of the Malaysian Judiciary towards the Malaysian Government (BN led) must and should be aim at the individual presiding such case, the outcome (Facts not Fiction) of the case and which CERTAINLY DOES NOR REFLECT UPON THE ENTIRE PEOPLE WHO WORK IN THE MALAYSIAN JUDICIARY from the janitor to the Supreme Court.
BaffledmeMC
Jul 26, 2012 12:06PM
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Dear Raymond tee ( kiray ),
Shut the F. . K up you little piece of  TRASH . You go around calling people by names like ASSES , FOOLS AND NUTS. You said I'm ungrateful cause BN sponsored my studies. Hey you DUMB  F . . K , My father worked and slogged so that I could study , not BN . If BN helped you with your studies well fine and good. You're lucky or maybe your father was sucking somebody's D.I.C.K up there so  Stop calling people with names. You called Sultan  NUTS , you called everybody else ASSES ..And guess what you only comment on replies. Grow some BALLS and come out in the open.  Here people just voice out their opinions. We are not war with each other. We are all brothers and sisters here ..so don't you dare call them by names and if you ever contract brain tumor ( which I hope you don't ) they will have to cut open your A.S.S  to take it out cause that's where your brain is. No hard feeling bro... like you have feelings..
Someone
Jul 26, 2012 2:18AM
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Hisham,

Don't appeal lah ! Admits your misktake . Let our  neutral judges made the decision !

Focus more on security of the country rather wasting your time on the history. 

Our country is facing so much problem now ! Killing and robbing everywhere !

Wake up all the police for better service rather beating the rakyat  and sending the tear gas ! 

If you cannot do it, let Pakatan does it.

Rakyats have more confidence on Pakatan. Anwar, Lim Kit Siang, Rafizi, Nurul, Guan Eng are more competent ! They can do it !

Mensch Shalom
Jul 25, 2012 9:32AM
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Well, don't be happy yet with the court decision. After they appeal, the next round it will be a different story. You can read it in the paper everyday...the same old story..."we do not interfere....our judiciary is independent....then the court decision is overturn.....blah...​.blah....enter defence....you are charged for.......
Ipoh Road
Jul 25, 2012 9:30PM
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The BeNd-UMNO got smacked & we the seekers for Fair & Clean election feel victorous at least for the time being. Whoever do not feel the same as us, the seekers of Fair & Clean election, ARE just one of the CyberNuts being paid by UMNO!!!!!!!!!!!!!!!!​!!!!!!!!!!!!

Dont stone em
Jul 31, 2012 9:18PM
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Now that the High Court ruled in favour of Bersih 2.0 activists ,  Datuk Ambiga and organisers should sue the Ministry of Home Afffairs and Royal Malaysian Police. Those arrested should sue for punitive damages. 

 

Litigation  may take time and that is ideal. With the 13 GE around the corner - corner them with litigation and see how Hishamuddin fare in the elections.  

  

choun yoong
Jul 25, 2012 12:33AM
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 Public utilities that are privatised should be run efficiently by the specialists. But when things go wrong should the public and the state government remain silent? 
    Granted that the general public knows next to nothing about the purification of water, it is not a valid  excuse to prevent them from complaining. More so, when water experts cannot solve the problems, the public should be given that right to do so.
    Now that there is federal intervention preventing the state from undertaking the water supply in Selangor, the onus is now on the Federal government to do the right thing. Meanwhile, should the public continue to bear the inconvenience because of political conflicts?
Less
Sultan Moideen
Jul 26, 2012 2:30AM
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Bersih is not formidable enough to bring about transparency in the electoral process in Malaysia as the tree that is being fed with the venom of race, religion, special rights, corruption, is now over 6 decades old  and is deeply rooted. It is timely for international action just like what has taken place in Iraq, Afghanistan, Libya and Egypt to be pre empted in this part of the world for the world order to be established in troubled spots.
Nujum Pak Belalang
Jul 25, 2012 3:54PM
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People!!....People!!​!...Please look at the title of the story which says, "Bersih legal, says High Court". Since when does it says about the "Water Issue or Crisis" in particulary the one in Selangor which we all know about..."STICK TO THE TITLE OF THE STORY" and dicuss the MAIN ISSUES that can be LOGICALLY DERIVED from it....To be IGNORANT when one is uneducated would be a CHALLANGE but to be IGNORANT when ONE is INTELLIGENTLLY COMPETANT would be a DISASTER and a waste of PERSONAL & PUBLIC TIME & MONEY.....When Bersih was held the police was heavy handed while participants of Bersih were destructive (both caught on tape)...Now to call upon punishing the police without including those from Bersih would be an INJUSTICE. JUSTICE must NOT ONLY be SERVE but it MUST BE SEEN to BE SERVE. So when making the analytical comments please include both not ONE ONLY regardless of one's political affiliation which would be BEST SERVE on polling day.
abung
Jul 24, 2012 1:14PM
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BaffledmeMC totally agreed. Well said.
Nujum Pak Belalang
Jul 24, 2012 4:43PM
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Hi Zeb Kl - KB...I am not referring to HISTORY 101...I am referring to DEALING THE ISSUE WHEN IT OCCURS...UNDERSTAND.​...IF you want to confer about HISTORY...I suggest you major in HISTORY or become an archeologist....PLEA​SE COMPREHEND THE ISSUE THAT IS BEING DISCUSSED..and that is....WHAT is it Zeb Kl - KB?....Can I say that all Kelantanese male are 'LAZY' because when I go to KB..I see 'MOST' of the 'TRADERS' are Female?....Certainly​ly NOT...It would be IGNORANT of ME...!!! Time after time I have been reading your deplorable comments and you inability to grasp the ISSUE at hand. Refresh your brain.....with the air of COMPREHENSIBLE LOGICAL THINKING and you will be able to communicate with me on a parallel paradigm.
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