KUALA LUMPUR: The High Court has allowed leave for the director and producer of the controversial movie “Mentega Terbang” to initiate a judicial review over the movie’s ban.
Justice Amarjeet Singh granted leave in the judicial review application filed by the movie director Mohd Khairianwar Jailani and producer Tan Meng Kheng on Wednesday (Jan 31).
The court fixed Feb 14 for the next case management, while a different date for a substantive judicial review application hearing will be fixed later.
In Wednesday’s proceedings, Federal Counsel Mohammad Sallehuddin Md Ali objected to the grant of leave on the grounds that the Home Ministry’s decision to ban the movie was non-justiciable.
“The ban is not subjected to a judicial review,” he said.
Meanwhile, lawyer Zaid Malek, who represented Mohd Khairianwar and Tan, argued that the ban could be challenged in court if there were extraordinary circumstances.
In the application for leave for judicial review, Mohd Khairianwar and Tan claimed that the ban was irrational as it violates the freedom of speech stipulated under the Federal Constitution.
They claimed their income had been affected as they could not screen or distribute the film in this country.
They sought a court order to set aside the ban and to declare the Film Censorship Act unconstitutional.
On Jan 17, Mohd Khairianwar and film producer Tan Meng Kheng, 37, were charged with deliberately hurting the religious sentiments of others through words and visuals.
The offence was allegedly committed at a premises in Jalan Semarak Api 2 at 12.34pm on Feb 26.
