Court strikes out charge against Alvivi for ridiculing Islam

PUTRAJAYA, April 21:

The Court of Appeal here struck out one of the charges against sex bloggers Alvivi over their Ramadan Facebook posting, ruling that it does not apply to non-Muslims.

Justice Mohtarudin Baki allowed the duo’s application today, declaring that Section 298A(1) of the Penal Code was non-applicable and non-enforceable against them.

Alvin Tan Jye Yee, 26, and Vivian Lee May Ling, 25, had appealed to have the charge under Section 298 — for stirring hostility between religions — struck out on the grounds the law was meant to ensure smoothness of the practice of Islam among its followers, not those of other religions.

The unanimous decision by the panel — which included Justices Rohana Yusof and Tengku Maimun Tuan Mat — means the duo need only face two charges in their trial at the Session Court in Kuala Lumpur.

The controversial couple had caused an uproar after uploading a picture of them eating bak kut teh (a pork soup dish) with the caption, “Selamat Berbuka Puasa with bak kut teh“.

Pork is forbidden in Islam.

The picture was uploaded at a restaurant in Dang Wangi on July 11 and 12 last year.

Tan and Lee claimed trial on July 18 before Sessions Court judge Murtazadi Amran to three charges under the Film Censorship Act, Sedition Act and Penal Code.

The charges that still stand are for allegedly publishing a photograph with the comment “Selamat Berbuka Puasa (dengan bak kut teh…wangi, enak, menyelerakan)” which contained a halal logo and possibly seditious statements, and for displaying pornographic images on their blog.