KUALA LUMPUR: The ‘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 Oct 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 Khairianwar 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”, 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 Constitution.
On June 14, Magistrate Noorelynna Hanim Abd Halim granted leave to the duo to refer constitutional questions to the High Court.
On Jan 17, Khairianwar, 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 12.34 pm on Feb 26 last year.
The charges were brought under Section 298 of the Penal Code, which carries a maximum penalty of one year’s imprisonment or a fine, or both, upon conviction.
Previously, the Home Ministry banned the screening and publicising of the film through an order signed by its 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.
