SEREMBAN: Social activist Badrul Hisham Shaharin claimed trial in the Sessions Court here to a charge of publishing seditious material related to the Negri Sembilan royal institution in his Facebook account.
The 48-year-old accused, also known as Chegubard, pleaded not guilty after the charge was read to him before judge Surita Budin.
He was charged with committing the offence around 8.30pm on May 26 at Istana Besar Seri Menanti in Kuala Pilah.
Badrul Hisham was charged under Section 4(1)(c) of the Sedition Act 1948, which carries a fine of not more than RM5,000 or imprisonment not exceeding three years or both upon conviction.
According to the charge, the accused had posted a statement that claims, based on the law, Tunku Nadzaruddin Tuanku Ja'afar was the 12th Yang di-Pertuan Besar of Negri Sembilan, replacing Tuanku Muhriz Tuanku Munawir.
Deputy public prosecutor Datuk Ahmad Sazali Omar then told the court the prosecution was offering the accused a minimum bail of RM10,000 as he had touched on a sensitive issue involving the state royalty.
The prosecution also requested the court to impose a gag order on Chegu Bard to bar the accused from making further comments or posts regarding the ongoing issue involving the Negri Sembilan royal institution.
"Apart from this charge, the accused had also posted a few comments on the same matter.
"As such, the prosecution argues for the court to use its discretion to issue a gag order until the case is concluded," he said.
Counsel for the accused Muhammad Rafique Rashid Ali requested a bail amount of RM2,500, adding that bail was to ensure the accused's attendance and not meant as a punishment.
He said since the provision also carries a maximum fine of RM5,000 upon conviction, a RM10,000 bail would mean it was twice the amount of the maximum fine.
The defence also opposed the request for a gag order based on the principle of not restricting freedom of speech.
"If the court grants a gag order today, it would be as if confirming that the charge against the accused has been successfully proven without a trial," he said, adding that his client faced three sedition charges in other states, but the courts did not impose a gag order.
Judge Surita then set bail at RM5,000 with one surety and ordered the accused to report to the nearest police station once a month until the case is disposed of.
She also ruled that the court was not imposing a gag order for now, but if the accused is found to be making similar posts that could disrupt harmony, the prosecution may apply for one.
Surita then fixed Aug 3 for the next mention.
