On behalf of the Steering Committee of BERSIH 2.0, I wish to state that we welcome the decision of the learned Judge in granting us leave to apply for the following :-
(1) An order of certiorari to remove the Order dated 1st July 2011 made under Section 5 of the Societies Act 1966 [P.U.(A) 224/2011] by the Minister of Home Affairs declaring the “Coalition for Clean and fair Elections (Bersih)” movement as an unlawful society (“the Order”) into the High Court to be quashed forthwith.
(2) Further and/or in the alternative, a Declaration that the Order is null and void and of no effect.
It is absolutely vital in a democracy that the Courts are prepared to allow scrutiny of executive powers by allowing citizens who are affected by the exercise of these powers to have the opportunity to challenge them fairly in Court.
That we have been granted leave today, will allow that important process to take place. The hearing of the inter partes application for Judicial Review has been fixed for 22nd November 2011.
It is of course open to the Minister to revoke the Order immediately. It is wholly inconsistent with the policy of liberalisation that has been announced, and with the appointment of a Parliamentary Select Committee, for an order that outlaws BERSIH (although not BERSIH 2.0), to remain. We urge the Minister to revoke the Order to give true meaning to the Prime Minister’s assertion that Malaysia aims to be the “best democracy” in the world, a vision that we all support.
We would like to thank our legal counsel, Tommy Thomas, K. Shanmuga, Fahri Azzat, Honey Tan and their team for their commitment and hard work.
Issued by,
Dato’ Ambiga Sreenevasan
Chairperson
Coalition for Clean and Fair Elections (BERSIH 2.0)
The Steering Committee of BERSIH 2.0 comprises:
Dato’ Ambiga Sreenevasan (Chairperson), Andrew Khoo, Arul Prakkash, Arumugam K., Dr Farouk Musa, Liau Kok Fah, Maria Chin Abdullah, Richard Y W Yeoh, Dr Subramaniam Pillay, Dato’ Dr Toh Kin Woon, Dr Wong Chin Huat, Dato’ Yeo Yang Poh and Zaid Kamaruddin.