Sungai Siput, 17 December 2007
It is perhaps the first time a political party is suing the Local council for not allowing its banner to be put up during the festival season. PSM Sungai Siput Branch did not want to take the attitude of the local council lightly and have decided to sue the local council Last week, they filed a suit in the Taiping High Court.
On 10th October 2007 the Sg Siput Branch of the Party Sosialis Malaysia(PSM) applied for a permit to put up a banner for Hari Raya. The local authority, the Majlis Perbandaran Kuala Kangsar (MPKK) initially granted the permit but took down the banner the following day because the banner had the words “Bersatulah Menentang Penswastaan Hospital dan Air” (Together let’s oppose the privatization of hospital and water) just below the Hari Raya greetings. As the MPKK agreed to allow the banner to be put up if the words “Bersatulah Menentang Penswastaan Hospital dan Air” were blacked out, the PSM decided to comply and the altered banner was put up.
However after that, the PSM sent an official letter to the SG Siput U OCPD as well as the MPKK pointing out that the MPKK’s decision impinged on our Constitutional Rights to Freedom of Expression as guaranteed under Article 10 of the Federal Constitution. We expected that the 2 agencies would refer to their legal advisors and correct their malpractice.
However when on 6th November 2007 the Party Sosialis Malaysia applied for a permit to put up a banner for Deepavali, the MPKK again turned this down because of the words – “Bersatulah Membantah Penswastaan Hospital dan Air” in the banner. PSM leaders attempted to explain to the Secretary of the Local Council but the latter was impervious. “Put up your banner in Ipoh then,” was his rejoinder when PSM members told him that the Local Council – Majlis Pebandaran Ipoh had given permission to put up similar banners in Ipoh.
The PSM then decided to file a case against the MPKK for violation of our Constitutional Right on freedom of expression. Ms Renuka Balasubramaniam from KL agreed to act as PSM’s council and the case was officially filed in the Taiping High Court on 17 th December 2007.
Sdr Letchumanan, the treasurer of PSM Sg Siput told the press that the MPKK was exceeding its powers. “Privatisation of Health Care and Water is ongoing in Malaysia. It is an issue that affects the people. Ours is a fair comment,” said Letchu. “The MPKK has no power to refuse us permission unless the banner has obscene words or is seditious in nature. Since the MPKK did not respond positively to our comments and our request for a dialogue in October 2007, we have decided to bring the matter to the High Court to seek a declaration that the PSM has the right to put up such banners.”
The date of mention has yet to be fixed.
