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Friday, February 18, 2022

Law minister slammed for taking easy way out in custody case

 

Law minister Wan Junaidi Tuanku Jaafar is “clueless about constitutional provisions” says former minister P Waytha Moorthy.

PETALING JAYA: A former federal minister has accused law minister Wan Junaidi Tuanku Jaafar of being “clueless on constitutional provisions” and apparently washing his hands over the conversion of three children.

Former unity minister P Waytha Moorthy said that Wan Junaidi seemed to have taken the convenient way out by stating that religion was under the purview of the states. However, Wan Junaidi’s argument was grossly flawed as Perlis state law was ultra vires the federal constitution on unilateral conversion, he said.

“The law minister above everyone else should be aware that the Federal Constitution is the highest law of the land,” said Waytha, a former leader of the Hindraf movement.Waytha also took issue with Wan Junaidi for urging single mother Loh Siew Hong to take her matter to the courts to challenge the conversion.

“It does not make sense,” he said as no state, public authority or the federal government could enact law that infringes fundamental rights, and the federal court decision in the Indira Gandhi case has settled the principle of law regarding conversion.

He said Loh had also been granted custody by the High Court and had an “absolute and inalienable right” over the legal status of her three minor children.

Waytha said the government and authorities have a duty to implement the principles laid down by the courts and he described the Perlis welfare department as being “cruel and inhumane” to continually ignore the court order.

Earlier today, Wan Junaidi said the court system was the best avenue for Loh to find a solution to her matter, calling it the “final arbitrator”. Yesterday, Perlis mufti Asri Zainul Abidin confirmed that the state’s religious department had registered Loh’s three children as Muslims on the request of their father three years ago. - FMT

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