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Court to hear Mentega Terbang filmmakers’ bid to refer constitutional questions on Oct 24 | Scoop
Mentega Terbang filmmakers (from left) Mohd Khairi Anwar Jailani and Tan Meng Kheng will have their application to refer to two constitutional questions on the charges of wounding religious feelings under Section 298 of the Penal Code will be heard at the high court on October 24. – Sairien Nafis/Scoop file pic, July 26, 2024
News

Court to hear Mentega Terbang filmmakers’ bid to refer constitutional questions on Oct 24

This is to determine if Section 298 violates freedom of speech and if the phrase ‘wounding religious feelings of any person’ violates rights to fair trial due to its ambiguity

Bernama
Updated
2:10 PM MYT

 

KUALA LUMPUR – Mentega Terbang filmmakers’ application to refer two constitutional questions on the charges of wounding religious feelings under Section 298 of the Penal Code will be heard on October 24 at the high court here.  

Judge K. Muniandy set the date today when the matter came up for mention, in the presence of the deputy public prosecutor Abdul Malik Ayob and lawyer Zaid Malek, representing the director and producer of the movie Mohd Khairi Anwar Jailani and Tan Meng Kheng. 

The two questions are to determine whether or not Section 298 of the Penal Code violates Article 10(1)(a) of the Federal Constitution – which protects freedom of speech, and whether or not the phrase “wounding the religious feelings of any person” – which is an element in the offence, violates the rights to a fair trial as the phrase is ambiguous, thus contravening Articles 5 and 8 of the constitution. 

On June 14, Magistrate Noorelynna Hanim Abd Halim granted leave to the duo to refer constitutional questions to the high court.  

On January 17, Khairi, 32, who is also a scriptwriter, along with 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 last year.  

The charges were brought under Section 298 of the Penal Code, which carries a maximum penalty of one year’s imprisonment, a fine, or both, upon conviction. 

Previously, the Home Ministry banned the screening and publicising of the film through an order signed by 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. – July 26, 2024

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