KUALA LUMPUR – The magistrates’ court here today granted leave to the director and producer of the movie “Mentega Terbang” to refer to constitutional questions on the charges of wounding religious feelings under Section 298 of the Penal Code.
Magistrate Noorelynna Hanim Abd Halim granted the leave after determining that the application filed by Mohd Khairi Anwar Jailani and Tan Meng Kheng on March 11 was meritorious.
“The court adjourns the case faced by both applicants until the legal questions are decided by the high court,” added the magistrate, who then set September 20 for case mention for the parties to update on the proceedings in the high court.
The two questions are to determine whether Section 298 of the Penal Code violates Article 10(1)(a) of the Federal Constitution, which protects freedom of speech, and whether the phrase “wounding the religious feelings of any person”, an element in the offence, violates the rights to a fair trial as the phrase is ambiguous and thus contravenes Articles 5 and 8 of the Federal Constitution.
In today’s proceedings, Khairi and Tan were present with their lawyer Zaid Malek, while deputy public prosecutors Abdul Malik Ayob and Nadia Mohd Izhar appeared for the prosecution.
On January 17, Khairi, aged 32 and also a scriptwriter, and Tan, 36, were charged with offending religious sentiments through the film by allegedly uttering audible words and displaying objects at a location on Jalan Semarak Api at 12.34pm on February 26, 2023.
The charges were brought under Section 298 of the Penal Code, which carries a maximum penalty of one-year imprisonment, or a fine, or both, upon conviction.
Previously, the Home Ministry banned the screening and publicity of the film through Government Gazette P.U (A) 2662 Film Censorship Act 2002 Film Censorship Order (Prohibition) 2023 dated August 21, 2023, signed by the relevant minister, Datuk Seri Saifuddin Nasution Ismail.
The film, streamed on a video platform, sparked public condemnation and concern for allegedly depicting scenes conflicting with religious beliefs and sentiments. – June 14, 2024