A Magistrate's Court in Kuala Lumpur on Friday (June 14) granted leave to the director and producer of the movie Mentega Terbang to refer constitutional questions on the charges of wounding religious feelings, under Section 298 of the Penal Code, to the High Court.
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NewsTranscript
00:00A KL magistrate's court has granted leave to the director and producer of the independent
00:07film, Mentega Terbang, to refer constitutional questions on the charges of wounding religious
00:13feelings under Section 298 of the Penal Code to the High Court.
00:19Magistrate Noor Elina Hanim Abdul Halim granted the leave on Friday after determining that
00:25the application filed by Mohamed Khairi Anwar Jailani and Tan Mengkeng on March 11 has merit.
00:32The court adjourned the case until the legal questions are decided by the High Court.
00:39The two questions are to determine whether or not Section 298 violates Article 10 Bracket
00:451A of the Federal Constitution, which protects freedom of speech, and whether or not the
00:51phrase wounding the religious feelings of any person and element in the offence violates
00:56the rights to a fair trial as the phrase is ambiguous and thus contravenes Articles 5
01:02and 8 of the Constitution.
01:05Magistrate Noor Elina set September 20 for case mention for the parties to provide updates
01:10on the proceedings in the High Court.
01:13Mentega Terbang tells of a Muslim teenager exploring religions in the face of her mother's
01:18terminal illness.
01:20The Home Ministry banned the screening and publicizing of the film through an order signed
01:24by its minister.