Jan 6, 2025 ruling on merits of judicial review against Mentega Terbang ban

Lawyer representing the movie's director and producer said the ban was irrational and unlawful as it breached his clients’ right to freedom of expression under Article 10 of the Federal Constitution.

17 Oct 2024 03:27pm

The High Court fixed Jan 6 next year to decide on the merits of the judicial review sought by the director and producer of the movie Mentega Terbang against the government’s ban on its screening and publicity.

KUALA LUMPUR - The High Court here today has fixed Jan 6 next year to decide on the merits of the judicial review sought by the director and producer of the movie Mentega Terbang against the government’s ban on its screening and publicity.

Judge Datuk Amarjeet Singh set the date after hearing submissions by the parties involved.

Lawyer N. Surendran representing the movie’s director, Mohd Khairianwar Jailani, and producer, Tan Meng Kheng, submitted that the ban was irrational and unlawful as it breached his clients’ right to freedom of expression under Article 10 of the Federal Constitution.

"Hence, we are asking this court to revoke the ban and declare the Film Censorship Act unconstitutional,” he said, adding that the movie was about a schoolgirl, who developed doubts about life.

Meanwhile, senior federal counsel Nur Hafizza Azizan, representing the Home Ministry and the government, as respondents, argued that there were several scenes in the movie that contradicted Islamic beliefs and teaching.

"My Lord, the movie may teach something against Islamic practices. Apart from that, a total of 30 police reports about the movie have been lodged all over the country," she said.

On Jan 31, the same judge granted leave to the director and producer to initiate a judicial review to challenge the government’s ban.

In their December 2023 application, Mohd Khairianwar, 32, and Tan, 37, claimed that the government’s decision to ban the movie was irrational and in breach of the freedom of expression enshrined in the Federal Constitution.

They further claimed that the decision also affected their income because the movie could not be screened or distributed anywhere in the country.

The Home Ministry, through the Government Gazette P.U (A) 2662 Film Censorship Act 2002, the Film Censorship (Prohibition) Order 2023 dated Aug 21, 2023, signed by Home Minister Datuk Seri Saifuddin Nasution Ismail, banned the screening and publicity of Mentega Terbang.

The movie, which was streamed on a video platform, sparked public outrage for allegedly portraying scenes of conflicting religious beliefs and themes.

Earlier in January, Mohd Khairianwar and Tan pleaded not guilty in the Magistrate’s Court here to a charge of hurting the religious feelings of others through the movie. - BERNAMA