The Malaysian Insider
Jul 26, 2012
JULY 26 — Proham notes that it is refreshing to see a High Court decision re-affirming the time honoured principle that an executive decision must be based on a proper interpretation of the law and the application of reasonable and rational consideration of relevant facts.
On July 24, 2012, Justice Datuk Rohana Yusof allowed an application for certiorari to quash the Minister’s order made on July 1, 2001 under section 5 of the Societies Act where he had declared the Coalition for Clear and Fair Elections (Bersih) as a unlawful movement.
The decision illustrates the pitfalls of administrative decisions which are not consonant with provisions of the law and the Constitution but are made relying on faulty appreciation of the law and on unreasonable and irrational considerations of unverified or irrelevant facts supplied normally by aides.
Another important aspect of the case is the re-affirmation of another principle that in a democratic system of governance under the Constitution, the intervention of an independent judiciary able to make judicial decisions affecting aggrieved parties without fear and favour is of paramount importance bearing in mind too, that in our court system the right of appeal is not shut to parties dissatisfied with the decisions.
Proham hopes that the 30 page decision will be published in the papers; it will be seen as a judgment where it would not be appropriate to pursue an appeal as the grounds are comprehensive and full of common sense and logic.
* This statement was issued for the Association for the Promotion of Human Rights (Proham) by Tan Sri Simon Sipaun (Proham Chair), Tan Sri Ramon Navaratnam, Tan Sri Michael Yeoh and Datuk Dr Denison Jayasooria (Proham Secretary-General).