The Court of Appeal today dropped a charge against controversial bloggers Alvin Tan and Vivian Lee in relation to ridiculing Muslims during Ramadan, as it was not applicable to non-Muslims.

In a unanimous decision, a three-man bench led by Mohtarudin Baki also ruled that the charge under Section 298A (1)(a) of the Penal Code could not be enforced on the couple.

Justice Mohtarudin, who sat with Justices Rohana Yusof and Tengku Maimun Tuan Mat, said the panel allowed the appeal brought by the duo to strike the charge as it was bound by a 1988 Supreme Court ruling in a case of Mamat Daud and Others vs the Goverment.

Alvin, whose full name is Tan Jye Yee, 26, and Vivian or Lee May Ling, 25, had appealed against the High Court's rejection of their application to quash the charge against them.

High Court judge Kamardin Hashim, in dismissing the duo’s application on Nov 21 last year, held that Section 298A (1)(a) was applicable to all races and universally valid and enforceable, regardless of race, ethnicity or religion of a person and that section applied to both the applicants in this case.

In the application, Alvin and Vivian had sought from the High Court for an order to declare that Section 298A of the Act was inconsistent with and contradictory to the federal constitution and could not be enforced against them, and that even if the charge was lawful, it only applied to Muslims.

They were charged with uploading a picture of them accompanied by the caption, ‘Selamat Berbuka Puasa (with Bak Kut The... fragrant, delicious and appetising)’ on their Facebook account, which was likely to stir interfaith conflict, at a restaurant in Dang Wangi on July 11 and 12, last year.

When asked on the next cause of action, deputy public prosecutor Wan Shaharuddin Wan Ladin told reporters that the prosecution would definitely file an appeal against today’s ruling.

The duo’s counsel Chong Joo Tian said two other charges faced by his clients were maintained and the Sessions Court had set May 12 for mention of the case.

He said the majority ruling in Mamat Daud’s case in 1988 held that the offence under Section 298A could only be applied to Muslims.

On the two charges, the controversial pair were jointly charged under the Incitement Act 1948 with publishing inciting content, namely the same picture and caption on their Facebook link https://www.facebook.com/alvivi.swingers at 568-14-18, Kompleks Mutiara Jalan Ipoh, Batu 3 ½ in Kuala Lumpur.

They were also charged under the Film Censorship Act 2002 involving the posting of pornographic pictures on http:// alviviswingers.tumblr.com/ , between July 6 and 7, last year at the same place.

- Bernama