In a statement, Tan Meng Kheng’s legal team said that the application for a revision of the gag order imposed on Tan by the magistrates’ court on Jan 17 was heard by High Court judge Jamil Hussin today.

The lawyers said that after hearing both parties, the judge ruled that the prosecution had failed to satisfy that there was a “real and substantial risk to the fairness of the trial”.

According to the lawyers, Jamil said that the “gag order issued by the magistrate was not proper and hereby set aside”.

“The proceeding before the magistrate 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,” the lawyers said, citing the grounds of judgment.

Tan was represented by lawyers N Surendran, Zaid Malek and Nabila Khairuddin.

Deputy public prosecutors Nor Azizah Aling and Nadia Izhar prosecuted.

Tan, along with the film’s director, Khairi Anwar Jailani, were charged in separate magistrates’ courts in Kuala Lumpur on Jan 17 with intentionally wounding the religious feelings of others.

Both charges were framed under Section 298 of the Penal Code, which carries a punishment of imprisonment of up to one year, a fine or both upon conviction.

Magistrate Aina Azahra Arifin had slapped Tan with a gag order to stop him from issuing comments related to the case throughout the trial. He was allowed bail of RM6,500 with one surety.

“Mentega Terbang” is an independent movie about the religious conflict faced by Muslim teenager Aisyah, who explores other religions, especially for answers to the question of life after death.

The home ministry banned the film on Sept 1, a move described by the duo as “irrational” and a violation of the freedom of speech guaranteed in the Federal Constitution.

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