The High Court today quashed the declaration of Home Minister Datuk Seri Hishammuddin Tun Hussein on July 1 last year declaring Bersih 2.0 an unlawful society.
Justice Datuk Rohana Yusof said she allowed the petition by 14 members of the Bersih 2.0 steering committee, including Datuk S. Ambiga, to remove the minister’s order on the basis that Bersih 2.0 comprised a coalition of registered bodies.
In her 30-page judgement, Rohana ruled that the decision to declare Bersih 2.0 unlawful was made without taking into account some relevant facts or by taking into account some irrelevant facts.
She stressed further that the decision to outlaw Bersih 2.0 impinged on the rights guaranteed under the Federal Constitution and should not be taken in just a lackadaisical manner.
Furthermore, she said, in fact no action had been taken under the Societies Act against the applicants even though they took part in the rally after the minister’s declaration.
Senior Federal Counsel Azizan Md Arshad said he needed to study the written judgement first before seeking further directive from the Attorney-General’s Office.
Meanwhile, the applicants’ co-counsel, K. Shanmuga, told reporters that with the court decision, Bersih 2.0 was no more an unlawful society.