Bersih 2.0 chairman Maria Chin Abdullah (third from right) and committee members at the Shah Alam High Court. The court says the home minister can declare Bersih 4 t-shirts and related printed matter illegal on the basis of preserving the peace in a multi-racial country. – The Malaysian Insider pic by Seth Akmal, February 19, 2016.The home minister has the right to declare Bersih 4 t-shirts and related printed matter illegal under the law, the Shah Alam High Court ruled today.
Judge Datuk Mohd Yazid Mustafa said the minister had the power under Section 7 of the Printing Presses and Publications Act 1984.
Dismissing the judicial review application filed by Bersih 2.0 chairman Maria Chin Abdullah against the ministry's ban, the judge said the minister's order issued on August 27, 2015 was thus valid.
Yazid said the minister had the discretion to make such decisions on the basis of preserving the peace in a multi-racial country.
“After having considered the submissions, I find that the order was within the confines of the minister's power. The minister in his affidavit reply has justified his power in exercising in making the order.
“The minister has taken the relevant consideration in making the said order. I take judicial notice that Malaysia is multi racial and multi religious, thus puts a heavy responsibility to the minister to maintain and preserve peace, notwithstanding the Federal Constitution confers rights of assembly (and) freedom of expression.
“However, the national interest needs to be jealously guarded. Indeed, the prime consideration to safeguard the public order, security and peaceful, are at the hands of the executive,” the judge said.
Maria and two others – activist Masjaliza Hamzah and lawyer Fadiah Nadwa Fikri – had filed the judicial review application in September 2015 against the ban.
The Bersih 4 rally held over 34 hours from August 29 to 30 that year called for reforms and the resignation of Prime Minister Datuk Seri Najib Razak over alleged financial scandal.
The applicants' lawyer, New Sin Yew, said they would appeal the court's decision today because of its “huge impact” on Malaysians, many of whom possessed Bersih 4 t-shirts and pamphlets.
“Whoever has such a t-shirt of pamphlet is now at risk of being charged.
“In the interest of justice, we will appeal this decision,” New said.
Maria, meanwhile, reacted with disappointed to the court's decision.
“It is important to recognise our right of expression. If you look at the t-shirt what does it say? It doesn't say that were going to cause a riot, or violence.
“We want a better Malaysia. The five demands that we have printed on the t-shirt is about a better Malaysia,” she said. – February 19, 2016.
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