KUALA LUMPUR: The magistrate's court here today allowed the controversial director and producer of the film "Mentega Terbang" to refer two constitutional questions to the High Court in relation to the charges they are facing for offending the feelings of followers of other religions.
The film's director Mohd Khairianwar Jailani, 32, and its producer Tan Meng Kheng, 37, sought to refer the matter to determine whether Section 298 of the Penal Code violates Article 10 of the Federal Constitution, which protects freedom of speech.
They also requested that the High Court determine whether the phrase "hurting the religious feelings of a person", which pertains to the elements of the offence under that section, violates the right to a fair trial due to its vagueness and ambiguity.
Magistrate Noorelynna Hanim Abd Halim granted the application after finding that it (application) had merit.
She said the court made this determination after thoroughly reviewing the entire application, including the notice of motion filed on March 11 and the written as well as oral submissions presented by both parties on May 10.
The court also postponed the case pending the decision by the High Court.
She also fixed Sept 20 for next mention.
Lawyer Zaid Malek appeared for both applications while deputy public prosecutor Abdul Malikakwa Raya Abdul Malik Ayob and Nadia Mohd Azhar represented the Attorney-General's Chambers.
On Jan 17, Khairianwar and Tan pleaded not guilty to deliberately intending to wound the religious feelings of others in their roles as producer, director, and scriptwriters of "Mentega Terbang", a movie that delves into the theology of major religions.
The charge, framed under Section 298 of the Penal Code, carries a jail sentence of up to one year or a fine or both.
In March 2023, the Malaysian Communications and Multimedia Commission said it contacted Hong Kong-based video streaming company, Viu, to remove "Mentega Terbang" from the platform.
According to the Malaysian Islamic Development Department (Jakim), the contents of the indie movie go against the creed and way of life of Muslims from the Syafie school of thought in Malaysia.