Bersih looking for judicial review

Bersih takes Hisham's 'illegal' declaration to court


The Coalition for Clean and Fair Elections (Bersih 2.0) this morning filed for a judicial review of Home Minister Hishammuddin Hussein's order declaring it illegal.

The application - filed in the Kuala Lumpur High Court registry - is seen as a tool to stop the authorities from taking further action on the coalition, its members and those who are expected to take part in the Bersih rally tomorrow.

Its 14-member steering committee led by chairperson Ambiga Sreenevasan named the Home Minister, inspector-general of police and the government as respondents in the 46-page judicial review application.

Besides Ambiga, the other plaintiffs include Dr Ahmad Farouk Musa, S Arul Prakkash, K Arumugam, Haris Fathillah Mohamed Ibrahim, Andrew Khoo Chin Hock, Liau Kok Fah, Maria Chin Abdullah, SP Subramaniam, Toh Kin Woon, Wong Chin Huat, Yeo Yang Poh, Yeoh Yong Woi and Zaid Kamaruddin.

Earlier this month, Hishammuddin (right) declared Bersih an illegal organisation under the Societies Act 1966, but Ambiga rejected the order outright, pointing out that the movement was a loose coalition of registered societies.

The group is seeking an order of certiorari to either remove Hishammuddin's July 1 declaration or to declare it null and void.

Bersih is also seeking an order prohibiting the minister and police from entering all or any of the premises of the applicants, search of the premises, seizure and/or detention of all or any property belonging to the applicants.

Finally, it sought a mandamus order to release all T-shirts, placards, newspapers, books, circulars, pictorial representations, periodicals, pamphlets, posters, proclamations, accounts, banners, list of members, seal, insignia, arms or any other document or writing or other object bearing the logo and words Bersih 2.0.

They are also seeking costs and other relief deemed fit by the court.

Grounds for application

As the government has brought down an intense crackdown on Bersih 2.0 supporters in the last two weeks, the group felt it was not given an opportunity to be heard following the minister's order.

Bersih 2.0 claims it is a different movement from Bersih 2007, which comprised political parties and civil society organisations, because the new group does not have any political affiliation.

The group also said it had held numerous meetings with the government and the Election Commission, without any complaint that it was an unlawful organisation or may upset national security and public order.

Claiming it is not a society within the meaning of the Societies Act, the group pointed to the order issued by the minister, which described Bersih 2.0 as "a movement" and "not a grouping or a society".

The government has no power to declare a group of organisations unlawful, Bersih 2.0 claimed, as it was a coalition of diverse organisations and the membership did not comprise individuals.

The coalition also said the order contradicted the rights guaranteed under the Federal Constitution to all Malaysians to form associations and to participate in free and fair elections.

'Gov't stifling freedoms'

While the Home minister had described the coalition as "moving actively and creating a situation of unrest and worry" among the community, Bersih 2.0 said it was trying to strive for electoral reforms peacefully.

The minister was using his statutory powers for an ulterior purpose rather than a genuine desire to preserve public order, Bersih said, adding that he was acting in bad faith (mala fide) by imposing such an order under the Societies Act.

It also claimed all three respondents must achieve a proportionate balance between the rights of individual citizens and public interest and views that are critical of the administration.

The coaltion also called the order declaring it illegal as irrational, since a gathering of large numbers of people in an area ought to be dealt by the police in a manner that balanced the right to peaceful assembly.

By refusing Malaysians the right to assemble, the home minister, IGP and the government ignored the recommendation of Malaysian Human Rights Commission and the Royal Commission of Inquiry on the Police Force, as well as their commitment to human rights, Bersih said.

Instead, it said, the government attempted to unlawfully stifle their freedom.

Bersih 2.0 maintained that the respondents could have cooperated with the coalition in ensuring their right to speech, expression, assembly and peaceful association.

Hafiz Yatim