‘Mentega Terbang’ director, producer granted leave to refer constitutional questions to High Court

KUALA LUMPUR, June 14 ― The Magistrate's Court here today granted leave to the director and producer of the movie Mentega Terbang to refer constitutional questions on the charges of wounding religious feelings under Section 298 of the Penal Code, to the High Court.

Magistrate Noorelynna Hanim Abd Halim granted the leave after determining that the application filed by Mohd Khairianwar Jailani and Tan Meng Kheng on March 11 was meritorious.

“After the court considered and reviewed the application filed by both applicants through a notice of motion on March 11 as well as written and oral arguments on May 10, the court found the application to be meritorious.

“The court adjourns the case faced by both applicants until the legal questions are decided by the High Court,” said Noorelynna, who then set Sept 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, Mohd Khairianwar 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, Mohd Khairianwar, aged 32 and also a scriptwriter, along with Tan, aged 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 Ministry of Home Affairs 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 Aug 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. ― Bernama