SHAH ALAM, Feb 19 ― The High Court here today rejected electoral reform group Bersih 2.0’s challenge on the Home Ministry’s ban of the Bersih 4 T-shirt, saying the order was within the ministry’s jurisdiction.
Judge Datuk Haji Mohd Yazid Haji Mustafa also said in his decision that he took into consideration the fact that the rally was declared illegal, a notion that was not challenged by the applicant.
“Based on the above reasons, I find that the minister’s decision in making the order does not suffer from any illegality, irrationality, or procedural impropriety.
“The minister had taken the relevant considerations in making the said order,” he said in his judgement today.
Lawyer New Sin Yew, who was representing the electoral group, insisted, however, that they had argued that the rally was legal during the hearing and will bring this issue up again when they appeal the decision.
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Home minister has right to ban Bersih 4 t-shirts, pamphlets, court rules
Source: The Malaysian Insider
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 judge said. – February 19, 2016.
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