High Court rejects injunction application against Bersih 5

Source: The Malay Mail Online

Gurdial argued that no private citizens or groups have the power to prevent the public from exercising their constitutional right to assemble. ― Picture by Saw Siow Feng

Gurdial argued that no private citizens or groups have the power to prevent the public from exercising their constitutional right to assemble. ― Picture by Saw Siow Feng

KUALA LUMPUR, Nov 17 — The High Court today rejected an application for an injunction to stop Bersih 5 and a counter-rally from taking place in the capital city this Saturday.

Justice Nanthan Balan said the application, filed by three city Malay trader groups, failed, among others, to provide a credible explanation as to why the suit was only filed at the eleventh hour when Bersih 2.0 had already made it known that the Bersih 5 rally was to be held within the Dataran Merdeka vicinity since September this year.

Justice Nanthan also noted that the plaintiffs had failed to provide any evidence to support its claims that previous Bersih rallies had led to damages to their shops or assets.

“The delay is inordinate and the plaintiff failed to provide any credible explanation as to why they have filed for the injunction at the eleventh hour.

“The plaintiff said they have lodged a police report (against the defendants) yet there is no evidence of a police report. The plaintiff said they suffered from damages every time the defendants held rallies, yet there is no evidence of monetary issues,” Justic Nanthan said his ruling.

The three groups, the Modern Malay Bazaar Trader Association, the Trading Premise Renters Association and the Traders and Stall Owners Associations, filed for the interim injunction only yesterday on grounds that the two rallies would affect their business. Read more

High Court: Duty of police to prevent clash between Bersih 5, Red Shirts

Source: The Malay Mail Online

Land mass data can be used to justify the size of constituencies that have undergone resizing by the Election Commission, says Bersih 2.0. Pic taken from FMT News.

Justice Nanthan Balan pointed out that the police must redirect any counter-rallies if they knew that clashes were imminent. — Picture by Opalyn Mok

KUALA LUMPUR, Nov 17 — The High Court today pointed out that the police are legally-bound to ensure the Red Shirts movement holds its counter-rally at a different location to prevent clashes with Bersih 2.0 supporters this Saturday.

Justice Nanthan Balan in reading out his ruling rejecting an application for an injunction to prevent Bersih 5 and a counter-rally from taking place in the capital city said Section 18 of the Peaceful Assembly Act stated that the police must redirect any counter-rallies if they knew that clashes were imminent.

“Section 18 of the PAA acts as a safety valve to diffuse any potential conflict therefore it is the duty of the police to prevent a clash or conflict should there is a possibility that it would eventuate,” he told the High Court here.

Justice Nanthan said the application, filed by three city Malay trader groups, failed, among others, to provide a credible explanation as to why the suit was only filed at the eleventh hour when Bersih 2.0 had already made it known that the Bersih 5 rally was to be held within the Dataran Merdeka vicinity since September this year.

He also agreed with the argument presented by Bersih 2.0’s lead counsel Gurdial Singh that no private citizen or groups should use the court to prevent any organisations from exercising their constitutional right to assemble. Read more