“Mentega Terbang” director, producer get leave to challenge Home Ministry’s ban on film

Judge Datuk Amarjeet Singh granted the leave after hearing the submissions by the parties involved.

They are lawyer Zaid Malek, representing Mohd Khairianwar Jailani, 32, who is the film director, and its producer, Tan Meng Kheng, 37, and federal attorney Mohammad Sallehuddin Md Ali, representing the Home Ministry and the government, as respondents.

The judge also set Feb 14 for the case management.

Earlier Mohammad Sallehuddin, in objecting to the application by Mohd Khairianwar and Tan, submitted that the Home Ministry's decision to ban the film cannot be reviewed in court for any reason.

"The ministry's decision to ban the film cannot be disputed in court and the ban order is not subject to judicial review," he said

Zaid, in his submission, said that the ban can be challenged in court if there are exceptional circumstances.

In the application filed in December last year, 2023, Mohd Khairianwar and Tan claimed that the government's decision to ban the film was irrational and in breach of the freedom of expression enshrined in the Federal Constitution.

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

They are seeking an order to revoke the ban and declare the Film Censorship Act unconstitutional.

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 film, broadcast on a video streaming platform, has faced public backlash and anger due to purportedly depicting scenes involving conflicting religious beliefs and elements.

Last Jan 17, 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 film.

-- BERNAMA