‘Mentega Terbang’ duo want legal questions referred to High Court

Director Khairi Anwar Jailani and producer Tan Meng Kheng are facing a charge of ‘intentionally wounding the religious feelings of others’. (Bernama pic)

KUALA LUMPUR: The magistrates’ court here will rule on June 14 whether to refer legal questions raised by the director and producer of local indie film “Mentega Terbang” in connection with their charge to the High Court for determination.

In their reference application, director Khairi Anwar Jailani and producer Tan Meng Kheng say the High Court must determine whether Section 298 of the Penal Code violates Article 10 of the Federal Constitution, which protects freedom of speech and expression.

The duo were charged on Jan 17 with “intentionally wounding the religious feelings of others” through the production of the movie. If convicted, they face imprisonment for up to one year, a fine, or both.

Khairi and Tan also want the High Court to determine whether the phrase “wounding religious feeling” as contained in the provision is vague.

Their lawyer, N Surendran, told magistrate Noorelynna Hanim Abd Halim the matter ought to be determined by the High Court.

“The fact that this is a pre-Merdeka law puts a burden on the magistrates’ court to evaluate its legality,” he said.

In response, deputy public prosecutor Abdul Malik Ayob said the prosecution took the stand that Section 298 is constitutional. He said there is no need for the High Court to determine its validity.

Malik said that as Khairi and Tan’s trial had yet to commence, no facts have been presented to court which touch on Section 298’s constitutionality.