KUALA LUMPUR: The High Court today issued a gag order barring Bersatu information committee member Badrul Hisham Shaharin from making statements on his ongoing defamatory case linked to His Majesty Sultan Ibrahim, King of Malaysia.
Judge K. Muniandy, in his brief grounds of judgement, ruled so after allowing the prosecution's application to review the decision of a Sessions Court which denied the gag order.
"The gag order refused by the SCJ (Sessions Court judge) is found to be improper by this court and pursuant to Section 325(1) of the Criminal Procedure Code, this court in its exercise of revisionary jurisdiction allows the application for criminal revision.
"(And) Pursuant to Section 316(c) of the Code, reverse the said order by the SCJ. In the premise, pursuant to inherent jurisdiction of this court, the gag order is now made as supplemental to the order of bail granted to the respondent accused pending his trial," he said in his ruling today.
The judge said any comments on the charge or the impending proceeding in the trial would be sub-judice and also an affront to the administration of justice, the rational being that the stream of justice shall not be sullied.
He said it was best if the trial judge hears the case in accordance with the rule of law and procedure so that both the respondent accused as well as the prosecution obtains justice.
"It is as they deserve without heeding to any statement, comment and criticisms which may be levelled against the case in its entirety, which includes the charge and the proceeding that has to follow.
"The legal principles cited, pertains the sanctity of the trial which has to be preserved at all costs.
"As the charge signifies, which is pursuant to Section 500 read with Section 499 of the Penal Code, its rationale is to prevent any imputation which will harm the reputation of the Yang di-Pertuan Agong," said the judge.
He said unlike a civil case where the aggrieved party is in a position to apply for an injunction to prevent and restrain the offender from repeating the defamatory station, such an avenue is not available to the prosecution in a criminal proceeding.
"As once the matter reaches the court, the court takes over conduct of the case to ensure that justice is not compromised both for the prosecution and the accused person.
"Institution of a contempt proceeding or the like is a matter to be taken care of eventually when the need arises.
"Thus, until then the freshness of issues to be ventilated at the trial, as well as sanctity of the trial, has to be preserved by the court," he ruled.
Separately, High Court judge Datuk Azhar Abdul Hamid dismissed the prosecution's similar application for a gag order for Badrul Hisham's sedition case.
The judge said he agreed with Badrul Hisham's submissions that there was no strong reason to review the SCJ's decision.
"However, the respondent is reminded that the freedom of speech in accordance with Article 10 of the Federal Constitution has a limit and not something absolute," he said.
The prosecution was represented by deputy public prosecutor Datin Kalmizah Salleh while Muhammad Rafique Rashid Ali stood for Badrul Hisham.
On April 29, Badrul Hisham,45, claimed trial to two counts of making seditious remarks and defaming His Majesty Sultan Ibrahim King of Malaysia.
According to the charge, Badrul Hisham was accused of making defamatory statements where he had reason to believe that it would damage the reputation of the Yang di-Pertuan Agong.
The alleged offence took place at the Istana Negara at 6pm on Jan 22.
The charge under Section 500 of the Penal Code which provides for a maximum jail term of two years or a fine, or both, upon conviction.
He also faced another charge of making a seditious post at Taman Bukit Cheras at 12.15pm on April 6.