IPOH, July 26- The High Court here today ruled that the conversion of three Hindu children of kindergarten teacher, M.Indira Ghandi, to become Muslims was null and void.
Judicial Commissioner Lee Swee Seng also ruled that the father of the children, Mohd Ridzuan Abdullah, had not followed the rules in converting his children, Tevi Darsiny, 16; Karan Dinish, 15; and Prasana Diksa, five, to Islam.
“Under the Perak Islamic Administration Enactment, the three children must have the intention to embrace Islam without force.
“In this case, the three children cannot be proved to have recited the syahadah (affirmation of faith) and they, as well as their mother, were not present at the Islamic Religious Office for the conversion purposes,” he said when delivering his judgment which lasted one hour and 40 minutes.
Lee said the conversion was null and void as the children were not present to recite the syahadah before the religious officer.
He said the decision was made not to ensure victory for any quarter, but more to maintain racial harmony in the country.
Mohd Ridzuan, or K Patmanathan as he was known before conversion, converted his three children to Islam in April 2009 and obtained the certificates of conversion from Perak Islamic Religious Department as proof to be shown to Indira Ghandi.
On Oct 2009, Indira Ghandi, through her lawyers, M Kulasegaran, N Selvam and K Shanmuga, filed an application to seek the nullification of the conversion on the basis that the conversions contravened the Perak Islamic Administration Enactment 2004 and several other laws including the Federal Constitution.
The couple’s case had made the news to the extent of prompting the Cabinet, in April 2009, to decide that children must follow the religion of their parents even after one of them converted to other religion.
The decision was made to prevent innocent individuals, especially the children, from falling victim to injustice.
In October the same year, Mohd Ridzuan obtained a court order from the Syariah Court giving him custody of the children, but on March 11, 2010, Ipoh High Court Judge Datuk Wan Afrah Wan Ibrahim ruled that the custody of the children must be returned to Indira Ghandi.
When met outside the court, the teacher said she was happy with the decision after having waited for four years.
“I’m thankful to my lawyers who have helped me in this case,” she said.
– BERNAMA
