KUALA LUMPUR – The High Court decision which ordered the immediate release of three siblings under the care of the Social Welfare Department (JKM) to their mother, Loh Siew Hong, who filed for the habeas corpus writ was well received by lawyer, Dr Shamsher Singh Thind.
According to him, the judgement today proved that no one is above the law. The decision also demonstrated that justice was served and various accusations and racial slurs could be stopped.
“Please remember, this is not a racial or religious issue. This is about the rights of underaged children and their mother. We have law. Without it, it would be chaotic.
“The justice on this case, the relationship between the biological mother separated from her children and be reunited. This is a natural justice. If you look at this yourself, no court in this world would deliver judgement on the rights of mother and child based on religious or ethnic limitation.
“In this vase, various quarters took over the custodianship although the full custodian right was granted to their mother by the court. Ironically, although the verdict was made, the mother still had to beg and request for the permission from JKM, the Religious Department and the police to meet her own children.
“The matter was made worse when she was given limited visit hours, like an hour or two to visit her children, who have been ordered by the Court, and granted her sole custodianship,” he told the media representatives at the lobby of the court after the proceeding.
According to Dr Shamsher, asking underaged children at the whim if they like their parents before seizing their absolute rights without valid legal processes cannot be accepted at all.
“According to the law of Malaysia, if you are granted the rights to care for your children, as their mother and you are given the full rights by the court, you hve the rights over your children.
“If anyone asks you if you like your mother or not? Such question should not emerge. Many among us also have problems with our parents and children, and when I ask you if you like your other and if you answer no, does it mean that I can take you away from your mother? There is no such law!” he said.
Meanwhile, Shamsheer said that he is waiting for the official registration letter to prove that all three children of Siew Hong who are aged between 10 and 14 years-old have been converted as Muslims. After which, he would file a judicial review to challenge the registration.
In the proceeding today, High Court Judge, Datuk Collin Lawrence Sequerah was satisfied that the applicant was granted the sole custody, care and control of her three children by the High Court on 31 March 2021.
Collin, while delivering his verdict said that Siew Hong was also granted the temporary rights to the custody and control of her three children and the order should not be taken lightly.
“The court order remains and is still valid. The court order cannot be taken lightly and it is facing a contempt of the court. As the court order is still valid, I allow the application of habeas corpus writ,” he said.
In the notice of motion filed by Messrs. SS Thind on 13 February, Siew Hong named Nazirah Nanthakumari Abdullah the first respondent and an unnamed individual who was taking care of her children as the second respondent.
She filed for the habeas corpus writ or other order deemed suitable by the court toe allow the immediate release of her children from the private care of the respondents and to be returned to her. -MalaysiaGazette
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Court orders immediate release of three converted children to their mother
