The Kuala Lumpur High Court today dismissed an application by three group to stop the Bersih 5 rally and also the red-shirts counter-rally this Saturday.
Justice S Nantha Balan in his decision said the plaintiffs in the inter-parte injunction application did not show merits and hence dismissed the application.
He also expressed surprise that lawyers representing Bersih and the red-shirts both agreed to oppose the application. The judgment was delivered at 7.35pm.
The application was made by the Association of Modern Malay traders of Masjid India, the Lorong Jalan Tuanku Abdul Rahman traders and the Medan Mara traders. They claim to represent 1,000 business owners.
They named Bersih, its chairperson Maria Chin Abdullah, the Bersih & Adil Network Sdn Bhd, along with Gabungan NGO Gerakan Merah Malaysia and red-shirt leader Jamal Md Yunos as respondents in the statement of claim.
The suit was filed by the firm of Tetuan Rabia and Farain.
The traders were each claiming that they had a daily revenue of RM800 a day, more during weekends, and were afraid that the rallies would affect their revenue.
The traders were represented by V Mugunthan who claimed that past Bersih rallies had resulted in losses for the traders, and were concerned that with the red-shirt counter-rally, it would result in collateral damages.
The protesters, he said could have chosen an alternative venue such as a stadium.
However, Bersih's counsel Ambiga Sreenavasan denied that there was damages suffered by traders in the past. Co-counsel Gurdial Singh Nijar pointed out that the plaintiff's statement of claim did not provide any evidence to support this.
Lawyer Mohd Nasir Yusof, appearing for Jamal and the red-shirts, adopted Gurdial's submission and said that wherever the "yellow shirts" are, the red shirts will also be there unless the authorities give an alternative venue.
[More to follow]-Mkini