The Court of Appeal has ruled that the home minister’s order to ban the use of Bersih 4 yellow T-shirts and pamphlets related to the Bersih rally was unreasonable.
Justice Mohd Zawawi Salleh, who chaired a three-man panel issued a certiorari order to quash the minister’s order.
The panel, which included justices Abdul Rahman Sebli and Asmabi Mohamad allowed the appeal brought by Bersih 4 chairman Maria Chin Abdullah and two others, to reverse a High Court ruling.
On Feb 19, this year, the Kuala Lumpur High Court dismissed the judicial review brought by Maria Chin, Masjaliza Hamzah and Fadiah Nadwa Fikri which they had filed to quash the order.
In his decision, Mohd Zawawi said the order (to ban the T-shirt and pamphlets) by Home Minister Datuk Seri Dr Ahmad Zahid Hamidi was unreasonable.
The judge (Mohd Zawawi) said the reasons for the ban given by the minister in his affidavit, concerned events which had yet to happen.
He said they intended to write a judgment as the issues in the case were important.
On Aug 27, last year, the ministry issued the order banning Bersih 4 T-shirts 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.
Outide the court, New Sin Yew, who was one of the lawyers representing the appellants said the order issued by the ministry was invalid following thecourt’s decision.
He said the decision had a wide implication on Malaysians who owned the T-shirt and pamphlets.
Senior Federal Counsel Suzana Atan represented the minister and the government.