Appeal against High Court decision to nullify certificate of conversions will be heard on August 19, 2014
On 2nd April 2009, Pathmanathan converted his three children from Hinduism into Islam at the religious department in Ipoh. At the material time in 2009, the three children were respectively only 13, 11 and a year old.
As a result of the conversion, a certificate to that effect was issued by Jabatan Islam Negeri Perak. The mother, Indira Gandhi, of the three children was not aware of the conversions and no consent was ever obtained from her for the three infants to be converted.
Indira Gandhi then filed proceedings in the High Court of Ipoh to challenge the issuance of the conversion certificate on the grounds:-
1) the children were absent when the conversion took place
2) the children being infant were incapable of saying it in Arabic as required by the state Islamic Enactment of Perak.
3) those converting must be over 18 years old.
As all three conditions were not carried out by the religious department and after nearly over 20 days of hearing, the Ipoh High Court declared on 25th July 2013 the conversion to Islam certificate issued as invalid.
There after the Federal, State Government and the converted husband appealed against the decision to the Court of Appeal.
The matter was fixed for full hearing today but at 11am the Presiding Court of Appeal Judge Hishamudin Mohd Yunus decided to adjourn the matter as there were many other cases fixed for hearing today.
The Judge, while adjourning the case, mentioned that as this case is of public importance, a special day will be fixed for the court to hear arguments. Priority was given for this case to be heard and matter has been adjourned to 19th August 2014.
Appellant: Tuan Noor Hishamuddin, SFC Puan Noor Azua, Hatim Musa, Asmuni bin Awi.
Respondent: K.Shanmuga, Aston Paiva, M.Kula Segaran, Fahri Azzat, Selvam Nadarajah.