The Malaysian Consultative Council of Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST) said it was shocked by what it called an “extreme and seditious” statement by PAS Information chief Khairil Nizam Khirudin over the unilateral conversion of the three children of Loh Siew Hong.
The stern warning against moves to nullify the conversion of Loh's children appeared to be in reference to her filing an application to the High Court for leave to seek a declaration that her husband was legally unfit to convert the children to Islam.
"It is the constitutional right of the mother to file an application in the High Court to seek remedy for the alleged illegal conversion of her three children by the father to Islam.
"Thus, this is purely a civil matter between mother and father of the three children," said the leaders in a joint statement signed by president Jagir Singh Arjan Singh, deputy president Daozhang Tan How Chieow and three vice-presidents RS Mohan Shan, Archbishop Julian Leow Beng Kim, and the Venerable Seet Lee Terk.
"Khairil Nizam (above) is unlawfully and unconstitutionally imposing his view of the matter and trying to usurp the power of the courts.
"By his warning to Loh, he has contravened the Federal Constitution and certain provisions of the Penal Code, among others, as follows:
(i) Section 298A for causing, etc, disharmony, disunity, or feelings of enmity, hatred or ill-will, or prejudicing, etc, the maintenance of harmony or unity, on grounds of religion.
(ii) Section 503 (Criminal intimidation); 505 (statements conducing to public mischief); Section 506 (Punishment for Criminal intimidation); and
(iii) Article 121 (1) Federal Constitution for challenging the jurisdiction vested in the High Courts and to provide remedy according to law to persons aggrieved.
‘Reject seditious statement’
The MCCBCHST called on all right-thinking Malaysians to reject the seditious statement and its veiled threat of “stern action”.
"If Khairil has any interest in the civil suit, he should file an application to intervene and not threaten of taking unlawful extra-judicial steps against a lawful action by the mother.
"Khairil should accept the reality that Malaysia has a written Constitution which is the highest law of the country, and all religions are subject to it," they said.
Yesterday, Loh’s lawyers urged all parties to refrain from making any statements on the case as it might incite hatred and cause unnecessary tension among the various ethnic groups in Malaysia.
“We are of the view that any form of threat, expressly or impliedly, or even a warning, discouraging a litigant from pursuing his or her legal right in court, amounts to serious interference with the administration of justice and constitutes criminal contempt of court," they said.
Loh’s lawyer Shamsher Singh Thind reportedly said that the judicial review was necessitated by the Religious and Malay Customs Council of Perlis (Maips) recently having filed to intervene in the divorce proceedings between Loh and her ex-husband, Muslim convert Muhammad Nagahswaran Muniandy.
It was reported that Maips sought to be made a party in the civil court divorce proceedings so that they can apply for a court order to enable the council to safeguard the Islamic education of Loh’s three children.
On Feb 21, Loh was reunited with her three children when the Kuala Lumpur High Court granted her habeas corpus application.
The habeas corpus bid had targeted the Social Welfare Department and an Islamic teacher who took care of the children at one point.
Nagahswaran, who is in jail on drug-related charges, had unilaterally converted the children to Islam without Loh’s knowledge and consent.
The single mother obtained full custody of the children in December last year. - Mkini
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