Ft Islamic Council Denied Stay Of Indira Gandhi S Lawsuit

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High Court says the council failed to establish special circumstances warranting a stay of the suit challenging unilateral conversion laws in eight states.The High Court will hear a lawsuit brought by single mother Indira Gandhi and 13 others to invalidate the laws of eight states that permit unilateral conversations on Feb 3 next year.PETALING JAYA: The Kuala Lumpur High Court today dismissed the bid by a religious body to stay a lawsuit brought by single mother Indira Gandhi and 13 others challenging the validity of state laws permitting the unilateral conversion of minors to Islam
Indira’s lawyers, Rajesh Nagarajan and Amanda Sonia Mathew, said Justice Aliza Sulaiman dismissed the application by the Federal Territories Islamic Religious Council after ruling that it had failed to establish any special circumstances warranting a stay.
She also awarded costs in the cause.
The council had applied to suspend all ongoing proceedings in the lawsuit pending the outcome of a separate suit brought by lawyer Haniff Khatri Abdulla against the government.
Haniff filed his suit in the Kuala Lumpur High Court in July, seeking a declaration that the Bahasa Melayu version of the Federal Constitution is its authoritative text.
He had, in an earlier suit also involving Indira, canvassed the same argument which was rejected by the Federal Court in 2018.
Aliza fixed Indira’s originating summons for hearing on Feb 3 next year.
Indira, whose three underage children were converted to Islam by her ex-husband without her consent, is seeking to nullify laws permitting unilateral conversion in eight states.
The originating summons, filed on March 3, is premised on the Federal Court’s ruling in her 2018 case, which held that unilateral conversions were unconstitutional and unlawful.
In the landmark decision, the apex court nullified the conversion by Indira’s former husband of her three children.
In its ruling, the apex court interpreted the word “parent” in Article 12(4) of the constitution to mean both parents of a child, provided that they are still alive. This means the conversion of any minor would require the consent of both living parents.
State laws in the federal territories, Perlis, Kedah, Melaka, Negeri Sembilan, Pahang, Perak and Johor currently allow for unilateral conversions.
Indira’s ex-husband, Riduan Abdullah, remains a fugitive and still has their daughter Prasana Diksa under his control.
Riduan, formerly known as K Pathmanathan, fled with the then 11-month-old Prasana in 2019, shortly after embracing Islam. - FMT

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