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| URL | https://theedgemalaysia.com/article/seksualiti-merdeka-organisers-lose-appeal |
| Last Crawled | 2026-04-15 17:25:57 (1 month ago) |
| First Indexed | 2024-05-01 07:41:10 (2 years ago) |
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| Meta Title | Seksualiti Merdeka organisers lose appeal |
| Meta Description | PUTRAJAYA (Aug 19): Organisers of Seksualiti Merdeka failed in their appeal today, to obtain leave to pursue a judicial review against the police to challenge its (the police's) decision to ban the Sexuality Festival in November 2011. A three-member Court of Appeal panel led by Justice Datuk Clement Allan Skinner ruled that the police's decision to ban the festival was not amenable to judicial review. The panel, also comprising justices Datuk Mohamad Ariff Md Yusof and Datuk David Wong Dak Wah dismissed the appeal brought by Pang Khee Teik, 39, Angela Marianne Kuga Thas, 48, S Thilaga Socky Pillai, 25, Siti Zabedah Kasim, 49, and Md Nor Ismat Selamat, 30. "The announcing of the ban on the activity was made in exercise of the then-deputy inspector-general of police Tan Sri Khalid Abu Bakar's (now inspector-general of police) duty to investigate alleged offenses under the law," said Skinner. He said Khalid's decision to ban the event could not be categorised as exercise of a discretion on whether or not to investigate offences. Skinner also said the decision by Khalid to ban the event was not pre-emptive as the festival went on for two days and was scheduled to go on for another three days. He said the court also agreed with the High Court judge's ruling that the appellants' application was academic. On Dec 9, 2011, the appellants filed an application seeking leave to initiate judicial review to challenge the decision to ban the event. They named Khalid, Dang Wangi police deputy chief Nor Azman Muhammad Yusuf and then-inspector-general of police Tan Sri Ismail Omar as respondents. In their application, they claimed Khalid had made a decision declaring a ban on all functions and events of Seksuality Merdeka at a press conference on Nov 3, 2011 which they alleged was illegal as it contravened Article 8 and 10 of the Federal Constitution. They sought an order of certiorari to quash the decision and an order for the respondents to disclose copies of all police reports made in relation to the organisation of the events of Seksualiti Merdeka. They claimed that Khalid operated under a misunderstanding or ignorance of an established and relevant fact that the event was not being used for deviationist activities, to cause an outbreak of disharmony, enmity or public disorder, or to threaten national security. Seksualiti Merdeka is an annual sexuality rights festival celebrating human rights of people of diverse sexual orientation and gender identity, and it promotes the rights of the lesbian, bisexual, gay and transgender community. On March 1, last year, the High Court refused to grant leave to the appellants to initiate a judicial review. The organisers were represented by lawyer Honey Tan Lay Ean while the respondents were represented by senior federal counsel Shamsul Bolhassan. |
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| Original Publish Time | 2024-05-01 07:41:10 (2 years ago) |
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