KUALA LUMPUR: The Mentega Terbang filmmakers’ application to refer two constitutional questions on 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 when the matter came up for mention on Friday (July 26), in the presence of DPP Abdul Malik Ayob and lawyer Zaid Malek, representing the film's director Mohd Khairianwar Jailani and producer Tan Meng Kheng.
The two questions are to determine whether or not Section 298 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.
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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.
The offence was allegedly committed at a location on Jalan Semarak Api at 12.34pm on Feb 26 last year.
Under Section 298, they face 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 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
