The Shah Alam High Court has upheld the government’s decision to ban Bersih 4 T-shirts and related printed materials.

In the decision today, the presiding judge said the order was within the confines of the minister’s powers.

Bersih had applied to challenge the government ban announced in the run-up to the massive Bersih 4 mega rally last Aug 29 and 30.

“After having considered the submission, I find that order was within the confines of the minister’s power.

“The minister, in his affidavit reply, has justified his power in exercising in making the order (sic),” said judge Mohd Yazid Mustafa in the transcript of the decision.

He said the minister had the power under Section 7 of the Printing Presses and Publications Act 1984 to exercise his discretion to make the order to ban the materials if he felt it was prejudicial or likely to prejudice public order.

“Therefore, the subjective test, applies (sic) by the minister in such situation is appropriate,” read the judgment.

“The fact that the assembly was illegal, as alleged in para 11 in the affidavit Jawapan Responden (respondent’s reply) affirmed by the minister, was not challenged and disputed by the applicant,” he continued.

Therefore, said the judge, the minister’s decision “does not suffer from any illegality, irrationality or procedural impropriety”.

Mohd Yazid added the minister has a “heavy responsibility” to maintain and preserve peace in multiracial Malaysia, “notwithstanding the federal constitution confers rights of assembly, freedom of expression; however, the national interest need to be jealously guarded (sic)”.

Bersih will appeal

Bersih chairperson Maria Chin Abdullah said Bersih will file an appeal.

"Definitely won't end here because we are not going to accept this decision and we will definitely put in an appeal.

"If you look at the yellow T-shirt, what does it say? It is not saying that we are going to cause a riot or violence; the five demands printed on the T-shirt say we want a better Malaysia," said Maria.

She added that the ban order on Bersih T-shirt was unacceptable and ridiculous.

"We won't fear today's decision; it also won't make us burn the yellow T-shirt now, but we will continue our fight," she said.

Meanwhile, Bersih lawyer New Sin Yew said after the decision today, everybody who owned Bersih 4 T-shirts or pamphlets are potentially liable to committing an offence under Section 8 of the Printing Presses and Publications Act.

"We feel this decision has very serious impact on everybody because the Bersih 4 T-shirts and pamphlets are owned by many Malaysians, including those overseas.

"This decision has made many Malaysians potentially criminally liable under the Act," said New.

Nevertheless, he said Bersih would still maintain its position that the ban order was unreasonable and nobody should be held criminally liable simply because they owned a yellow T-shirt.

He also refuted the judge's view that the Bersih rally was illegal (as alleged in the respondent's reply), saying it complied with all the requirements of the Peaceful Assembly Act.

"We are obviously disappointed that the judge has found otherwise. The judge said we did not challenge it; we did and it is in our affidavit and this is the matter we will take up in the appeal," said New.