Indira case: Cabinet seeks to plug loopholes

Subramaniam says 2009 plans hit roadblock, whole Cabinet now eager to move forward.

KUALA LUMPUR: The Cabinet is looking into ways to plug loopholes in the law which led to problems with the M. Indira Gandhi case, according to federal minister Dr S Subramaniam.

Subramaniam is a member of a three-man Cabinet team who are looking into the long-standing conversion and child custody battle, in which kindergarten teacher Indira, 41 today, seeks the return of her children who were unilaterally converted by her former husband.

“I think all of us share her anguish. Her child was taken away from her and this is something that should not be allowed. The government feels for her and hope to correct the situation,” he told Malay Mail in an interview published today.

He said the current Cabinet team was confident it could overcome problems which had stymied previous efforts.

“We had solutions then (in 2009) and presented it but it did not materialise due to certain issues. Now, we have several ideas and even thought of alternatives if our suggestions hit a roadblock,” he was quoted as saying.

“I can’t get into details but we are looking at every aspect, including civil law, religious sensitivities and also consent from the Rulers who are the guardians of Islam.”

Subramaniam and former law minister, Nazri Aziz and Islamic Affairs minister, Jamil Khir Baharom are reported to have met the Attorney-General on Thursday, a day after being tasked by the Cabinet to seek a resolution.

The Indira Gandhi case has pitted the civil courts against the Syariah courts in a tussle over primacy and jurisdiction. In December, the Court of Appeal overturned a High Court decision which awarded her full custody of her children and quashed their conversion. The appeal court held that conversion was a matter for the Syariah courts to decide.

Her lawyers have since said leave will be sought to take the case up to the Federal Court.

Subramaniam, who is MIC president, was in the first team formed in 2009, while Nazri was de facto law minister, to seek a solution. A second team included Jamil Khir and women’s affairs minister Nancy Shukri.

In the interview, Subramaniam said the whole Cabinet was eager to move forward to see this matter end in an amicable manner.

He said the executive was not trying to influence the judiciary. “No, it is nothing of that sort. We want to put the law straight. Right now, there are many loopholes (in the law) and people are exploiting these loopholes.

“We want to deal with the laws and amend it where required.”

Indira’s daughter Prasana Diksa, aged 11 months, son Karan Dinish, 11, and daughter Tevi Darsiny, 12, were taken by their father, K Pathmanaban, who had become a Muslim with the name Muhammad Riduan Abdullah. He converted the three children in their absence without Indira’s consent.

She has not seen her daughter since. Prasana turns eight on April 8.