ABULS Chamber

Legal Commentary: Court of Appeal Lifts 'Gag Order' on Chegu Bard

In a significant development, the Court of Appeal has allowed the appeal by Badrul Hisham Shaharin (Chegu Bard) to set aside a 'gag order' that previously prohibited him from making public statements about his ongoing sedition case.

This ruling highlights a key tension between two fundamental legal principles:

1. Freedom of Expression – enshrined under Article 10 of the Federal Constitution, allowing individuals (even those on trial) to voice their perspectives.

2. Judicial Integrity – where gag orders are justified only if there’s a real risk of prejudicing the legal process.

The Court’s decision reinforces that such orders cannot be imposed arbitrarily and must be balanced against constitutional rights. It also sets a precedent on how Malaysian courts may approach similar issues moving forward, especially in politically charged matters.

Key Takeaway: The ruling is a win for constitutional freedoms — affirming that even under prosecution, one’s voice cannot be silenced without due cause.

— Ahmad Farhan, Civil Litigation Lawyer
Abul's Chamber Alor Setar.