Religious feelings law too vague, breaches basic rights: Surendran

 

A law criminalising the hurting of the religious feelings of others is so vague that it breaches the fundamental right to a fair trial, said lawyer N Surendran in the Magistrate’s Court today.

Surendran, who is representing “Mentega Terbang” director Mohd Khairianwar Jailani and producer Tan Meng Kheng, said this in their bid to have the High Court look into the validity of their charges under the above-mentioned law.

In particular, the lawyer homed in on Section 298 of the Criminal Procedure Code, which he urged the High Court to examine if the provision is in line with the Federal Constitution.

“What is wounding the feelings of one person is not wounding to another person. It is completely subjective as each person reacts differently.

“Looking at the Criminal Procedure Code, there is no definition of what wounding religious feelings consist of.

“It (Section 298) is vague, which is why my clients who produced (and directed) the film ended up in the dock, as the section is too vague.

“I do not blame the learned deputy public prosecutors (who brought the charges) as it is the law but the law is unconstitutional.

“The offence is so vague that no member of the public will know if what we do is a criminal offence or not.

“I would not know what I can say to my colleagues as I do not know if what we do is a criminal offence or not,” Surendran told magistrate Noorelynna Hanim Abd Halim, before whom the charges linked to the controversial banned movie are still pending.

Today was set for the lower court hearing of the two filmmakers’ referral application to the High Court under Section 30 of the Courts of Judicature Act 1964.

Application ‘premature’, should be dismissed

However, DPP Abdul Malik Ayob countered that it is unnecessary for a higher court to consider the constitutionality of the law because this same thing can be done at the end of a trial before the lower court.

The prosecutor noted that the case has not even gone for full trial before the Magistrate’s Court and no witness has yet been called to give evidence to determine whether there is validity behind the two filmmakers’ contention regarding the law.

“This application is premature and should be dismissed by the (magistrate’s) court,” Malik said.

Noorelynna then fixed June 14 for a decision on the referral bid.

On Jan 17 before the Magistrate’s Court, Khairianwar and Tan pleaded not guilty to the criminal charge under Section 298.

Released in 2021 but banned last year, the movie 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.

Her father is also shown as someone who has no issues with his daughter studying the holy scriptures of other religions in search of an answer. - Mkini