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Wednesday, January 31, 2024

'Mentega Terbang' filmmakers obtain court leave to challenge ban

The ‘Mentega Terbang’ makers were granted civil court leave to proceed with their challenge against the government ban on the religiously controversial movie.

The Kuala Lumpur High Court this morning allowed the judicial review leave application.

With leave granted, judge Amarjeet Singh is set to hear the parties' oral submissions on the merits of the judicial review on a separate date.

During proceedings today, federal counsel Sallehudin Md Ali objected to the moviemakers' leave bid, pointing out that the Home Ministry's decision to ban the 2021 film last year is not open to legal challenges.

"We object as the prohibitory order is not subject to judicial review," said the legal representative for the two respondents, namely the ministry and the federal government.

The filmmakers Mohd Khairianwar Jailani and Tan Meng Kheng

However, Zaid Malek, the counsel for Mohd Khairianwar Jailani and Tan Meng Kheng countered that case law supports the notion that a ministry's ban order can be challenged in court in exceptional circumstances.

Amarjeet then granted leave and set Feb 14 for case management of the judicial review.

[More to follow] - Mkini

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