The now-banned “Mentega Terbang” film will be played at the trial of its director and producer, Khairianwar Jailani and Tan Meng Kheng, which will begin in May.
Kuala Lumpur magistrate Noorelynna Hanim Abd Halim decided so after allowing deputy public prosecution Nor Azizah Aling’s application today.
Nor Azizah had orally applied to the court in today’s proceeding to play the movie as it is related to the charges faced by Khairianwar and Tan under Section 298 of the Penal Code.
“The prosecution needs to play the entire movie as it is related to the charges, and we require a complete audio and visual system from the court.
“We request that the court prepare the equipment at the next trial dates, and we will also be writing to the court to apply for these equipment,” she said.
The court had initially fixed today to begin hearing the case. However, the trial was adjourned to May 5 to 8 after Nor Azizah informed the court that both she and the accused’s lawyer, Zaid Malek, were unwell.
Hurting religious feelings
Both Khairianwar and Tan were charged on Jan 17, 2024, with allegedly intentionally hurting the religious feelings of other people.
Specifically, Khairianwar was accused of committing the offence as director and scriptwriter of the movie on Feb 26, 2023, while Tan was alleged to have committed the offence in his capacity as producer of the controversial film on the same date.
The duo were alleged to have committed the offence at a unit at Diamond Regency, Jalan Semarak Api 2, Kuala Lumpur around 12.34pm.
These charges were framed under Section 298 of the Penal Code, which carries a maximum one year’s jail, a fine or both.
The duo had previously challenged their criminal charges, deeming them unconstitutional for contravening their fundamental right to free speech and expression.
They filed their challenge a day after they were charged.
However, the Kuala Lumpur High Court ruled, on March 6 last year, that the law criminalising the wounding of others' religious feelings is valid, as it is a pre-Merdeka law that remained valid as Parliament has the power to enact laws.
Controversial film
Released in 2021 but banned two years later, 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.
In the movie, Aishah's father is shown as a liberal character who has no issues with his daughter studying the holy scriptures of other religions in search of an answer.
The film was previously released on the streaming service platform Viu. However, it was taken down from the streaming service following criticisms from the public as it allegedly featured scenes with elements that contradicted religious beliefs.
The Film Censorship Board (LPF) had said that the screening of the locally produced independent film was outside its purview.
“Based on the review, it was found that the film is not within the board’s censorship records. It is also available online. Therefore, the screening or streaming of the film is outside the jurisdiction of LPF,” the board had said.
In 2024, Home Minister Saifuddin Nasution Ismail contended that the movie promoted apostasy among Muslims and threatened public order in the country, in justifying the banning of the movie.
He added that the movie was never presented to the ministry’s censorship board for approval.
AG can still revisit, withdraw charges
Lawyer Mahajoth Singh, who also represents Khairianwar and Tan alongside Zaid, said that the attorney-general can still revisit and withdraw the charges against the duo.
“As far as I’m concerned, maybe the AG should take this time (as) they’ve got a couple of months to revisit and maybe withdraw the charges.
“(Because) you cannot have a government of a democratic nation who, on one hand, says we have freedom, we have rights (and) supporting these rights (but) on the other hand prosecutes people for the exact issues.
“You can’t have that. You can call it hypocrisy, you can call it whatever, but it is there, it is blatant, so perhaps the AG ought to look at this (as) they have time… and withdraw,” he told reporters after today’s proceeding. - Mkini
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