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News Legal/General News Seksualiti seeks to quash ban
News Legal/General News Seksualiti seeks to quash ban 
| Seksualiti seeks to quash ban |
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| Wednesday, 11 January 2012 08:30am | |
 ©The Star (Used by permission)by LISA GOH KUALA LUMPUR: The organising committee of Seksualiti Merdeka has filed a judicial review application against the Inspector-General of Police and two others seeking to quash the ban made on Seksualiti Merdeka’s events. The application was filed at the High Court registry via Messrs Tan Law Practice on Dec 9 last year. The applicants – Seksualiti Merdeka co-founder Phang Khee Teik, Angela Marianne Kuga Thas, S. Thilaga Socky Pillai, Siti Zabedah Kasim and Md Nor Ismat Selamat – are members of the organising committee of the event. They named Deputy Inspector-General of Police Datuk Seri Khalid Abu Bakar, Dang Wangi deputy OCPD Supt Nor Azman Muhammad Yusuf and the IGP as respondents. Seksualiti Merdeka is an annual festival celebrating human rights of people of diverse sexual orientation and gender identity, and promotes the rights of the lesbian, bisexual, gay and transgender (LBGT) community. The applicants claimed that the ban, which was made at a press conference by the respondents on Nov 3 last year, was illegal and that it contravened Articles Eight and 10 of the Federal Constitution. Article Eight is the equality provision under the Constitution, while Article 10 guarantees citizens the right to freedom of speech, assembly and association. “The Deputy IGP operated under a misunderstanding or ignorance of an established and relevant fact, that Seksualiti Merdeka is not being used for deviationist activity that could destroy the practice of religious freedom; to cause out outbreaks of disharmony or public disorder, or to threaten national security,” they said in their application. They added that they had been denied the right to know the complaints made against them and neither were they given the opportunity to contradict any evidence made against them. The application for leave was heard before High Court judge Justice Rohana Yusuf in chambers yesterday. Counsel for the applicants Honey Tan said she had applied to adjourn the matter after counsel for the respondents, Senior Federal Counsel Noor Hisham Ismail, raised a preliminary objection against the judicial review application. According to Noor Hisham, the reason he filed the objection was because the “so-called decision (on the ban) was not amenable for judicial review”. “The rights advocated by Seksualiti Merdeka’s activities are not recognised under the Federal Constitution,” he said. The court fixed Feb 21 to hear the objection and the application for leave. Set as favourite Share Email This Comments (0)
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