Oct 24 court hearing on validity of 'religious feelings' law

Filmmakers of “Mentega Terbang” will get an opportunity on Oct 24 to present arguments in court over the alleged invalidity of a law criminalising the wounding of others’ religious feelings.

The Kuala Lumpur High Court today set the date to hear oral submissions from lawyers acting for director Mohd Khairianwar Jailani and producer Tan Meng Kheng.

The duo’s counsel Zaid Malek confirmed that judge K Muniandy would hear oral arguments from the defence and prosecution teams over the validity of Section 298 of the Penal Code.

The provision is linked to the duo’s ongoing criminal case linked to the controversial movie.

Deputy public prosecutor Abdul Malik Ayob prosecuted.

Khairianwar (above, left) and Tan are seeking the High Court to determine whether the phrase “wounding religious feeling” in the provision is vague and contravenes fundamental freedom of speech and expression.

Journey of discovery

According to the criminal charge pending before the Kuala Lumpur Magistrate’s Court, the duo was accused of wounding the religious feelings of others with the movie.

Released in 2021 but banned last year, the film tells the story of 15-year-old Aishah, who in the face of her mother’s death, gets drawn into exploring the concept of rebirth as contained in other religions.

Her father is also shown as a liberal character who has no issues with his daughter studying the holy scriptures of other religions in search of an answer.

On Jan 17 this year before the Magistrate’s Court, Khairianwar and Tan claimed trial to the charge of intentional hurting of other’s religious feelings.

The offence under Section 298 is punishable with a maximum of one year in jail, a fine or both.

Khairianwar, 31, was accused of committing the offence as director and scriptwriter of the movie on Feb 26 last year.

Tan, who is also a teacher, was alleged to have committed the offence in his capacity as producer of the controversial film on the same date.

They were alleged to have committed the offence at a unit at Diamond Regency, Jalan Semarak Api 2, Kuala Lumpur around 12.34pm.

They were also accused of intentionally hurting the religious sentiments of other people via utterances and the placement of objects within sight of the people whose religious sentiment was allegedly hurt.

Court to determine validity of law over hurting others' religious feelings

Religious feelings law too vague, breaches basic rights: Surendran

'Mentega Terbang' director fails in appeal to lift gag order

'Mentega Terbang' filmmakers obtain court leave to challenge ban

COMMENT | Drop charges on Mentega Terbang's filmmakers

High Court sets aside gag order on 'Mentega Terbang' producer