Mahkamah Tinggi Kuala Lumpur menuntut penjelasan lanjut daripada Menteri
Dalam Negeri Datuk Seri Hishammuddin Hussein yang mengisytiharkan
gabungan proreformasi pilihan raya BERSIH 2.0 sebagai pertubuhan tidak
sah tahun lalu.Hishammuddin ( kanan) kemudiannya bertukar pendirian apabila membenarkan BERSIH 3.0 atas alasan ia bukan ancaman kepada keselamatan, berbeza dengan keadaan sebelum 9 Julai apabila perhimpunan seumpamanya dianjurkan.
Hakim Datuk Rohana Yusof meminta penjelasan itu daripada pendakwaraya kanan persekutuan Azizan Md Arshad dan mengarahkan menteri berkenaan supaya memfailkan afidavit berhubung perkara itu sebelum 10 Mei.
Rohana akan menyampaikan keputusan terhadap permintaan BERSIH pada 15 Mei untuk memeriksa balas Hishammuddin dan Ketua Polis Negara Tan Sri Ismail Omar, dan untuk mendapatkan 1,706 laporan polis yang difailkan terhadapnya sebelum perhimpunan tahun lalu.
Peguam Aston Paiva, yang mewakili BERSIH dalam mencabar pengharaman kerajaan, memberitahu perkara itu kepada pemberita selepas beliau dan Azizan bertemu hakim di kamar.- malaysiakini
Judge wants Hisham to clarify Bersih 2.0 ban...
The Kuala Lumpur High Court has sought
further clarification from Home Minister Hishammuddin Hussein on the
outlawing of the Coalition for Clean and Fair Elections (Bersih) last
year.
This follows Hishammuddin's change of stand in allowing the Bersih 3.0 rally as it is not a security threat. Hishammuddin had, before the July 9 Bersih 2.0 rally last year, declared the coalition to be an illegal organisation.
Justice Rohana Yusof sought the clarification from senior federal counsel Azizan Md Arshad and ordered the minister to file an affidavit on the matter by May 10.
She will deliver her decision on May 15 on Bersih's application to cross-examine Hishammuddin and Inspector-General of Police Ismail Omar, and to obtain the 1,706 police reports that were filed against the coalition before last year’s rally.
Lawyer Aston Paiva (left),
who appeared together with senior lawyer Tommy Thomas for Bersih in
challenging the government ban, said this when speaking to journalists
after he and Azizan met the judge in chambers.
Aston said the judge had sought the explanation in light of recent mass media reports quoting the minister with regard to the Bersih 3.0 rally scheduled for Saturday.
"The directive by the minister is to ban the Bersih organisation. There is no mention of Bersih 2.0 in the minister's order," he said.
"The judge is also concerned about the main application by Bersih to challenge the minister's order dated July 1 last year."
The Bersih legal team wanted to cross-examine Hishammuddin and IGP Ismail to understand how they reached the decision to outlaw Bersih 2.0 ahead of its street rally in Kuala Lumpur on July 9 last year.
In turn, they offered Bersih 2.0 chairperson Ambiga Sreenevasan to be cross-examines by the senior federal counsel representing the government.
Azizan had then submitted that the minister and IGP had objected to the application as they felt that all the documents and affidavits filed were in order and the court could decide on the substantive issues based on those, without having to call them.
'Organisers a threat to national security'
On July 1, Hishammuddin declared Bersih a banned organisation and branded the organisers of the street rally a threat to national security.
The movement is seeking an order of certiorari to either remove Hishammuddin's declaration or to declare it null and void.
Bersih in its judicial review application argues that it is different from Bersih 2007 - which comprised political parties and civil society organisations - because it does not have any political affiliation.
It also states it had numerous meetings with the government and the Election Commission prior to the declaration, despite there being no complaint against it, that Bersih 2.0 was an ‘unlawful organisation’ or that it may upset national security and public order.
It
further claimed that Bersih 2.0 is not a society within the meaning of
the Societies Act, and that the government has no power to declare a
group of organisations to be unlawful.
Ambiga, along with Bersih 2.0 steering committee members Dr Ahmad Farouk Musa, S Arul Prakkash, K Arumugam, Haris Fathillah Mohamed Ibrahim, Andrew Khoo Chin Hock, Liau Kok Fah, Maria Chin Abdullah, SP Subramaniam, Toh Kin Woon, Wong Chin Huat, Yeo Yang Poh, Yeoh Yong Woi and Zaid Kamaruddin filed the judicial review application on July 8, 2011.
The polling pressure group plans to organise a sit-down protest at Dataran Merdeka on Saturday, with simultaneous rallies aking place nationwide and worldwide on the same day.
Kuala Lumpur City Hall (DBKL) and the police have taken steps to prevent the event from taking place at the iconic square and have offered the DBKL stadium in Cheras and also Titiwangsa as alternatives.
Despite this, Bersih reiterated yesterday that it is adamant about holding the event at Dataran Merdeka.
Hishammuddin has also offered the national stadium in Bukit Jalil and Stadium Merdeka as alternative venues following an offer by the managements of the two stadiums.
Bersih officials, who have argued that Dataran Merdeka belongs to the people, are meeting with KL mayor Ahmad Fuad Ismail today to resolve the matter.- malaysiakini
Let Bersih use Dataran
cheers.
This follows Hishammuddin's change of stand in allowing the Bersih 3.0 rally as it is not a security threat. Hishammuddin had, before the July 9 Bersih 2.0 rally last year, declared the coalition to be an illegal organisation.Justice Rohana Yusof sought the clarification from senior federal counsel Azizan Md Arshad and ordered the minister to file an affidavit on the matter by May 10.
She will deliver her decision on May 15 on Bersih's application to cross-examine Hishammuddin and Inspector-General of Police Ismail Omar, and to obtain the 1,706 police reports that were filed against the coalition before last year’s rally.
Lawyer Aston Paiva (left),
who appeared together with senior lawyer Tommy Thomas for Bersih in
challenging the government ban, said this when speaking to journalists
after he and Azizan met the judge in chambers.Aston said the judge had sought the explanation in light of recent mass media reports quoting the minister with regard to the Bersih 3.0 rally scheduled for Saturday.
"The directive by the minister is to ban the Bersih organisation. There is no mention of Bersih 2.0 in the minister's order," he said.
"The judge is also concerned about the main application by Bersih to challenge the minister's order dated July 1 last year."
The Bersih legal team wanted to cross-examine Hishammuddin and IGP Ismail to understand how they reached the decision to outlaw Bersih 2.0 ahead of its street rally in Kuala Lumpur on July 9 last year.
In turn, they offered Bersih 2.0 chairperson Ambiga Sreenevasan to be cross-examines by the senior federal counsel representing the government.
Azizan had then submitted that the minister and IGP had objected to the application as they felt that all the documents and affidavits filed were in order and the court could decide on the substantive issues based on those, without having to call them.
'Organisers a threat to national security'
On July 1, Hishammuddin declared Bersih a banned organisation and branded the organisers of the street rally a threat to national security.
The movement is seeking an order of certiorari to either remove Hishammuddin's declaration or to declare it null and void.
Bersih in its judicial review application argues that it is different from Bersih 2007 - which comprised political parties and civil society organisations - because it does not have any political affiliation.
It also states it had numerous meetings with the government and the Election Commission prior to the declaration, despite there being no complaint against it, that Bersih 2.0 was an ‘unlawful organisation’ or that it may upset national security and public order.
It
further claimed that Bersih 2.0 is not a society within the meaning of
the Societies Act, and that the government has no power to declare a
group of organisations to be unlawful.Ambiga, along with Bersih 2.0 steering committee members Dr Ahmad Farouk Musa, S Arul Prakkash, K Arumugam, Haris Fathillah Mohamed Ibrahim, Andrew Khoo Chin Hock, Liau Kok Fah, Maria Chin Abdullah, SP Subramaniam, Toh Kin Woon, Wong Chin Huat, Yeo Yang Poh, Yeoh Yong Woi and Zaid Kamaruddin filed the judicial review application on July 8, 2011.
The polling pressure group plans to organise a sit-down protest at Dataran Merdeka on Saturday, with simultaneous rallies aking place nationwide and worldwide on the same day.
Kuala Lumpur City Hall (DBKL) and the police have taken steps to prevent the event from taking place at the iconic square and have offered the DBKL stadium in Cheras and also Titiwangsa as alternatives.
Despite this, Bersih reiterated yesterday that it is adamant about holding the event at Dataran Merdeka.
Hishammuddin has also offered the national stadium in Bukit Jalil and Stadium Merdeka as alternative venues following an offer by the managements of the two stadiums.
Bersih officials, who have argued that Dataran Merdeka belongs to the people, are meeting with KL mayor Ahmad Fuad Ismail today to resolve the matter.- malaysiakini
Let Bersih use Dataran
Jom ikut Aunty Anne 28 April 2012 ini...
cheers.
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