KUALA LUMPUR: The application by Mentega Terbang filmmakers to refer two constitutional questions on the charges of wounding religious feelings has been dismissed by the High Court.
Justice K. Muniandy made a decision after ruling that Section 298 of the Penal Code is valid and constitutional and to remain in force under Article 162 of the Federal Constitution.
“Pursuant to the reasoning given, this court finds that the application by the applicants to judicially repeal Section 298 of the Penal Code lacks basis.
“Thus, this court also finds that there is no question of constitutional issue on the matters referred to this court by the Magistrate’s Court necessary for the determination of the criminal proceeding instituted at the Magistrate’s Court,” he ruled.
He also ordered that the criminal case be remitted back to the lower court for trial, Bernama reported.
The director and producer of the movie are Mohd Khairianwar Jailani and 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.
Justice Muniandy said the efficacy of Section 298 blended well with the Malaysian populace, which is multiracial and multireligious.
“Thus, preserving sensitivities of the populace, their race and religion is quintessential. The expression ‘public order’ is not defined anywhere but danger to human life and safety, and the disturbance of public tranquillity must necessarily fall within the purview of the expression,” he said.
He added that the section was a pre-independence law pursuant to Article 160 (2) of the Constitution and it shall continue to be in force.
The judge said the Parliament is entitled in law to impose restrictions on the right to freedom of speech and expression in the interest of public order or morality under Article 10 (2) (a) of the Federal Constitution.
On Jan 17, 2024, Khairianwar, 33, along with Tan, 38, 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 12.34pm on Feb 26, 2023.
On June 14 of the same year, magistrate Noorelynna Hanim Abd Halim granted leave to the duo to refer constitutional questions to the High Court.
Previously, the Home Ministry banned the screening and publicising of the film through an order signed by the 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.
