
The High Court ruled that the injunction sought by the traders — namely Persatuan Peniaga Bazaar Melayu Moden Jalan Masjid India, Persatuan Penyewa Premis Perniagaan Medan Mara and Persatuan Peniaga dan Penjaja Lorong Tuanku Abdul Rahman — had no merit.
Judge S Nantha Balan said the traders filed the application at the 11th hour when they knew the rallies would be held this Saturday two months earlier.
“There is no credible explanation for them to justify the delay in filing.
“They also claimed they lodged a police report but failed to produce it as evidence.”
Bersih was represented by lawyers Gurdial Singh and Ambiga Sreenevasan while Mohammed Nasser Yusof and Mohamad Fauzi Abd Samad appeared for the Red Shirts, Malaysiakini reported.
Nantha said it was not for the court to declare a gathering illegal.
He said the police had vested powers under Section 18 of the Peaceful Assembly Act (PAA) to disperse any rival group to another alternative location or day.
This provision served as a safety valve to avoid a clash of conflict, he added.
The traders, claiming to represent 1,000 owners, filed the injunction against Bersih, its chairman Maria Chin Abdullah, the Bersih & Adil Network Sdn Bhd, Gabungan NGO Gerakan Merah Malaysia and Red Shirts movement leader Jamal Md Yunos.
Thesundaily reported that the traders’ lawyer, V Mugunthan, submitted that the traders earned RM800 a day and earned more on weekends. They feared the rallies would affect their business badly.
He said the numbers may swell to beyond 100,000 and there was likelihood of damage to his clients.
He said shops, stalls, window panes and equipment had been destroyed previously.
However, Bersih lawyer Gurdial Singh Nijar asked for evidence of such damage taking place.
Chin told reporters after the court hearing that Saturday’s gathering will go on.
She claimed the Bersih rallies did not cause traders to suffer losses but had instead increased their income three or four times.