Court dis­misses traders’ in­junc­tion ap­pli­ca­tion

The Sun (Malaysia) - - NEWS WITHOUT BORDERS -

KUALA LUMPUR: The High Court yes­ter­day dis­missed an in­terim in­junc­tion filed by traders in the Dataran Merdeka area to stop the Ber­sih 5 and Red Shirt ral­lies.

High Court judge S. Nan­tha Balan said there was no merit in the ap­pli­ca­tion.

He also fixed Dec 1 for case man­age­ment.

Three groups rep­re­sent­ing some 1,000 traders had sought an in­terim in­junc­tion to pre­vent the ral­lies from be­ing held around Dataran Merdeka to­mor­row.

The groups are Per­sat­uan Pe­ni­aga Bazaar Me­layu Mo­den at Jalan Masjid India, Per­sat­uan Penyewa Premis Per­ni­a­gaan Medan Mara and Per­sat­uan Pe­ni­aga dan Pen­jaja, Lorong Tuanku Ab­dul Rahman.

The plain­tiffs named Maria Chin Ab­dul­lah (Ber­sih chair­man), Ber­sih, Adil Net­work Sdn Bhd, the Ber­sih and Adil steer­ing com­mit­tee, Red Shirts leader Datuk Seri Ja­mal Yunos and the Red Shirt Move­ment as de­fen­dants.

In an im­me­di­ate re­sponse, Ber­sih chair­man Maria Chin Ab­dul­lah said while she wel­comed the court de­ci­sion, Ber­sih had al­ways been sen­si­tive to­wards the traders.

“In fact, Ber­sih 4 had proved that busi­nesses had bet­ter in­come dur­ing the rally.”

Mean­while, In­spec­torGen­eral of Po­lice (IGP) Tan Sri Khalid Abu Bakar said po­lice will re­spect the court’s de­ci­sion.

The plain­tiffs claimed the rally would cause a re­duc­tion in rev­enue or cause loss of rev­enue.

“We are caught in the mid­dle. We just want to do our busi­ness,” said lawyer for the plain­tiffs, V. Mu­gun­than.

He said the num­ber of pro­test­ers could swell to be­yond 100,000 and there is like­li­hood of dam­age to his clients’ properties.

He said shops, stalls, win­dow panes and equip­ment had been de­stroyed in previous ral­lies.

Ber­sih lawyer Gur­dial Singh Ni­jar asked for ev­i­dence of such dam­age.

“Where is the ev­i­dence of shops be­ing de­stroyed?” he said.

Gur­dial also ques­tioned the de­lay in fil­ing the state­ment of claim and ap­pli­ca­tion for in­junc­tion, adding that the plain­tiffs should have filed the ac­tion im­me­di­ately when the rally an­nounce­ment was made on Sept 14 or when the no­ti­fi­ca­tion was made on Oct 28.

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