The decision (to declare it illegal) is tainted, says the judge.
KUALA LUMPUR: The Coalition for Clean and Fair Elections (Bersih) has won in its bid to challenge the government order declaring it an illegal organisation last year.
High Court (Appellate and Special Powers Division) judge Rohana Yusof today said that Home Minister Hishammuddin Hussein’s order is liable to be quashed.
“In my view, the decision is tainted with irrationality… The decision to declare Bersih unlawful was made without taking into account some relevant facts or by taking into account irrelevant facts,” she told a packed courtroom.
She noted that it was “unreasonable” for the minister to find Bersih unlawful for the serious reason of being “prejudicial to public order and security” on July 1 and then subsequently on July 5 and July 9, the authorities continued to negotiate with the organisers and allow the rally.
“It cannot be the case that one week after that, such reason is no longer valid or applicable… the declaration should be lifted accordingly,” she said.
“The ground of irrationality has been accepted as a ground to quash an administrative decision. It is my considered view that the impugned decision is liable to be quashed,” she ruled.