PUTRAJAYA — August 29, 2016: The Court of Appeal has ruled the home minister’s order to ban the use of Bersih 4 yellow T-shirts and pamphlets as unreasonable.
With this, Justice Datuk Mohd. Zawawi Salleh, who chaired a three-man panel, issued a certiorari order to quash the order.
The panel that included justices Datuk Abdul Rahman Sebli and Datuk Asmabi Mohamad allowed the appeal by Bersih 4 chairman Maria Chin Abdullah and two others to reverse a high court ruling.
Last February 19, a Kuala Lumpur high court dismissed the judicial review brought by Maria Chin, Masjaliza Hamzah and Fadiah Nadwa Fikri asking that the order be quashed.
In today’s decision, Zawawi described the order as unreasonable.
He said that the reasons for the ban given by the minister in his affidavit concerned events which had yet to happen. The panel will write a judgment as the issues in the case are important.
On August 27 last year, the ministry issued the order banning the T-shirt and publications related to the Bersih 4 rally.
The appellants filed a judicial review to challenge the order, naming the ministry and the government as respondents.
Outside the court, New Sin Yew, a lawyer for the appellants, said the ruling has a wide implication on Malaysians who own the T-shirt and pamphlets. — Bernama