Judge Datuk Muhammad Jamil Hussin in his decision said the prosecution as the respondent in the case had failed to satisfy that there was a real and substantial risk to the fairness of the trial.
"The proceedings before the Magistrate's Court did not disclose any obvious or imminent threat to the fairness of the trial. There is no material before the court to show that there is a real and substantial risk to the fairness of the trial.
"Therefore, the gag order issued by the Magistrate was not proper and the gag order hereby set aside," said the judge.
Deputy public prosecutors Nor Azizah Aling and Nadia Mohd Izhar represented the respondent while lawyer N.Surendran acted for Tan as the applicant.
Tan filed the application for review on Jan 18 seeking to challenge the gag order issued by the Magistrate's Court on grounds that the ban is illegal and restricts freedom of speech.
On Jan 17, the film director, Mohd Khairianwar, 32, and the producer, Tan, 36, were charged in two separate Magistrate's Courts with hurting the religious sensitivities of others through the film Mentega Terbang, last year.
They were charged with intentionally hurting the religious sensitivities of others by uttering words and placing objects within the hearing and sight of people at a premises in Jalan Semarak Api here at 12.34 pm on Feb 26, 2023.
Mohd Khairianwar and Tan were charged under Section 298 of the Penal Code which carries a maximum sentence of one-year imprisonment or a fine or both upon conviction.
Mohd Khairianwar and Tan were allowed bail at RM6,000 and RM6,500, respectively, with one surety each, and were required to report to the nearest police station until the completion of the trial.
The Magistrate also allowed the prosecution's request for a gag order preventing both accused from making any comments or statements on their cases pending disposal of the cases.
Previously, the Ministry of Home Affairs banned the screening and publicity of the movie 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.
The film, broadcast on a video streaming platform, has faced public backlash and anger due to purportedly depicting scenes involving conflicting religious beliefs and elements.
-- BERNAMA
