THE Kuala Lumpur High Court decision on the status of Bersih has a lot of repercussions, but allowing more assemblies is not one of them.
Lawyers For Liberty co-ordinator Fadiah Nadwa Fikri said the government has to bear responsibility to the damage and injuries caused to the coalition for free and fair elections, as well as those injured in the rallies from police action.
“The government went against Article 10 of the Federal Constituition that guarantees Malaysian citizens the right to freedom of speech, assembly and association.
“What are they going to do? Will they apologise to the public? Will they compensate people who were injured?” she asked.
“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,” she said.
Bar council president Lim Chee Wee argues the issue of the legality of Bersih is different from the issue of freedom of assembly.
“The decision is correct and must be applauded. This certainly increases public confidence the Judiciary as a check and balance to Executive decisions.
Lawyer Salim Bashir said the court’s decision is not a blanket consent to say that any demonstration in the country is legal.
“The court’s message clear. It is simply respecting the rights to association provided under Article 10 of the Federal Constitution.
“However, that does not legalise other demonstrations as that would still be referred to the Peaceful Assemblies Act,” he said adding that perhaps the time has come for the government to allow such assemblies in light of the decision.
Salim also said the Home Minister has every right to seek a declaration that Bersih is unlawful, as provided for under the Peaceful Assemblies Act.
Lawyer Sangkaran Nair said before the Peaceful Assembly Act the government had a say on the right to assemble.
Suhakam commissioner Muhammad Shaani Abdullah said the court’s decision gave a message to the public that they are free to form any association or coalition.
“Even though Bersih is a coalition, there is no need to register it as it will be dissolved once what it is fighting for materialises. In a way, the decision is also a good reminder to the authorities.
“Since Bersih is now declared as legal, the government must respect the court’s decision,” he said.
A Just Decision, Justly Made. written by Tan Peek Guat,
Thursday, July 26 2012 07:37 pm
Bersih was not struggling for 'LIBERTY' but for 'JUSTICE'.
The 'justice' sought here is for 'clean and fair elections' - without which there is no purpose of holding an election for ALL.
The judge's explanations and interpretations of events which culminated in her decision had clearly given the reasons as to why "BERSIH IS LEGAL".
It undermines the Judiciary for any party to misinterprete or encumber further that decision made - which had already been well explained and concluded upon by the Judge.
Regards.
Write comment
You must be logged in to post a comment. Please register if you do not have an account yet.
2013 Bar Council subscription Click the link above to download Circular 090/2013 pertaining to the 2013 Bar Council subscription, including the payment guide and a set of Frequently-Asked-Questions.
2013 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Starting a new Practice If you are thinking of setting up your own law practice, click on the link above to view Bar Council's information and checklists to help you prepare for your new endeavour.
Talk on Limited Liability Partnerships (21 May 2013) Organised by the Bar Council Professional Standards and Development Committee, this talk by Anand Raj and Wong Tat Chung will be held at 4:00 pm to 6:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 21 May 2013 (Tuesday). The talk carries two CPD points. Click on the link above for more details.
International Arbitration Conference by CIArb Malaysia (22 to 24 Aug 2013) Organised by the Chartered Institute of Arbitrators, this conference will be held at Eastern & Oriental Hotel, 10 Lebuh Farquhar, 10200 George Town, Penang, from 22 to 24 Aug 2013 (Thursday to Saturday). The conference carries 10 CPD points. Early-bird rate ends on 30 Apr 2013. Click on the link above for more details.
Seminar on Islamic Finance Regulatory Framework (23 May 2013) Organised by the Bar Council Professional Standards and Development Committee, this seminar conducted by Megat Hizaini Hassan will be held at 2:00 pm to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 23 May 2013 (Thursday). The seminar carries three CPD points. Click on the link above for more details.
8th LAWASIA Employment Law Conference, Cambodia (24 and 25 May 2013) Organised by The Law Association for Asia and the Pacific (“LAWASIA”), this conference featuring Lia Alizia and Brian Williamson, will be held at Tara Angkor Hotel, Vithei Charles de Gaulle, Siem Reap, Cambodia, at 8:45 am to 7:00 pm and 9:00 am to 5:30 pm, on 24 and 25 May 2013 (Friday and Saturday), respectively. The conference carries 10 CPD points. Click on the link above for more details.
MSLSSL and MCLJ Conference on Employment and Labour Laws 2013 (30 May 2013) Organised by the Malaysian Society for Labour and Social Security Law and Malaysian Current Law Journal, this conference entitled “Current Issues on Employment and Labour Laws” will be held at 8:30 am to 6:00 pm, at Grand Hyatt Kuala Lumpur, on 30 May 2013 (Thursday). The conference carries six CPD points. Click on the link above for more details.
“Transforming Criminal Justice” One-week Study Programme (25 to 29 Nov 2013) Organised by Public Administration International (“PAI”), this UK-based one-week study programme entitled “Transforming Criminal Justice: from Joined-up Justice to Multi-agency Approaches” will be held in London from 25 to 29 Nov 2013 (Monday to Friday). For further enquiries, please contact PAI by telephone at +44 (0)20 7580 3590, by fax at +44 (0)20 7580 4746, or by email at pai@public-admin.co.uk.
News 
©Malay Mail (Used by permission)
Subscribe to this comment's feed
GST Awareness Program-Implementation & Procedure of Legal Services
Bersih was not struggling for 'LIBERTY' but for 'JUSTICE'.
The 'justice' sought here is for 'clean and fair elections' - without which there is no purpose of holding an election for ALL.
The judge's explanations and interpretations of events which culminated in her decision had clearly given the reasons as to why "BERSIH IS LEGAL".
It undermines the Judiciary for any party to misinterprete or encumber further that decision made - which had already been well explained and concluded upon by the Judge.
Regards.