The Attorney-General’s Chambers today objected to the judicial review application filed by the organisers of Seksualiti Merdeka on the police ban of its programmes last November.

NONEThis comes after the matter came up at the Kuala Lumpur High Court (Appellate and Special Powers Division), before judge Rohana Yusuf.

Following the preliminary objection filed by the senior federal counsel Noor Hisham Ismail, the court fixed Feb 21 to hear the matter and the leave.

The applicants - Pang Khee Teik, Angela Marianne Kuga Thas and S Thilaga Socky Pillai as well as Siti Zabedah Kasim and Md Nor Ismat Selamat (also known as Michelle Nor Ismat) - were represented by lawyers Honey Tan Lay Ean and Chew Siew Ting.

They named deputy inspector-general of police Khalid Abu Bakar, Dang Wangi district deputy police chief Nor Azman Muhammad Yusuf and Inspector-General of Police Ismail Omar as respondents.

Khalid had told a press conference last November that the country's laws do not recognise any “deviationist activity” that could destroy the practice of religious freedom, among others.

In the judicial review application filed last December, the festival organisers said they were not 'given an opportunity to be heard and to give views before (the police)' had come to the banning decision.

NONE“First of all, the police have no power to declare a ban on the function,” Tan told reporters outside the courtroom.

“Moreover, they didn't state how long the ban was for... there can’t be an indefinite ban.”

Tan pointed out that the ban also affects constitutionally guaranteed rights such as non-discrimination, freedom of speech and expression, freedom to assemble peacefully and the right to form associations.

In the review application, the applicants said Khalid 'operated under a misunderstanding or ignorance of an established and relevant fact' that the event was not being used for deviationist activities, cause  disharmony, enmity or public disorder or to threaten national security.

They also accused Khalid of acting on the 'popular and majority view on sexuality, health and/or religion', which they argued were not legitimate grounds for prohibiting the festival.

“These claims are illogical and ridiculous,” reiterated Pang, stressing that the event was not at all deviant, disharmonious or threatening.

“We are not surprised by those who disagree with us. In fact, we support their freedom to disagree with us, just as we support everyone’s freedom to disagree.

“But by demanding that we be shut down, they have shown that they don’t understand the meaning of equality and will compromise the very right they are exercising,” Pang added.

NONEAccording to Angela, the police did not convey the ban on Seksualiti Merdeka to the organisers formally, but while one of the programmes on Nov 3 was going on, about 30 police personnel barged in and stopped the event.

“We decided not to continue as the people present relied on us for their safety. How were we to go on under the atmosphere of intimidation and threat?” Angela said.

Annual event

Seksualiti Merdeka is an annual festival comprising talks, workshops, literary events, stage performances and an art exhibition focusing on the rights of “people of diverse sexual orientation and gender identities”.

It has been held at The Annex Gallery in Central Market, Kuala Lumpur since 2008. However, last year’s programme - ‘Queer Without Fear’ - was prohibited at the last minute by the police, on Nov 3, two days after it began.

The police cited Section 27 A(1)(C) of the Police Act and 298A of the Penal Code in banning the festival.

Section 27A(1)(C) of the Police Act empowers police to act against any activity that takes place on private premises but is deemed prejudicial to the interest and security of Malaysia or that would excite a disturbance of the peace.

Section 298A of the Penal Code allows police to take action against anyone who causes disharmony, disunity, feeling of enmity, hatred, ill-will or prejudice or for the maintenance of harmony or unity on the grounds of religion.

The ban came after vociferous condemnation of Seksualiti Merdeka by conservative and religious groups, including Perkasa, the Allied Coordinating Committee of Islamic NGOs and PAS Youth.

Critics claimed that the festival, which aims to advocate equal treatment of the lesbian, gay, bisexual, transgender, inter-sex and queer community, promotes homosexuality.