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Thursday 11 September 2014

IGP and AG allowed to intervene in Deepa's case - Malaysiakini

 
Applications from Attorney-General Abdul Gani Patail and Inspector-General of Police Khalid Abu Bakar to intervene in the child custody and conversion cases of S Deepa and Muslim convert Izwan Abdullah (N Viran) were allowed by the Court of Appeal in Putrajaya today.

The three-member appellate court panel led by Justice Balia Yusof Wahi made the decision after lawyer Joanne Leong, representing Deepa, who is from Seremban, did not object to the application.

Faiz Fadzil, who appeared for Izwan Abdullah, also did not object.

The other panel members were Justice Mah Weng Kwai and High Court judge Badariah Sahamid.

Another similar case involving M Indira Gandhi and K Pathmanathan, from Ipoh, is currently being heard by the court.

Both Gani and Khalid (left) have applied to be interveners as the cases raised constitutional questions on the jurisdiction of the syariah and civil courts.

Khalid has refused to act on court orders on the two cases, saying it was not clear whether the civil court has jurisdiction over matters under the purview of the syariah court.

They allowed the application sought by senior federal counsel Suzana Atan, who represented the AG and IGP, for the two to be allowed to intervene in the case and for the proceedings to be amended to include the names of the AG and IGP as respondents in the application.

The court also allowed the applications of the AG and IGP for a stay of the order of the Seremban High Court for the police to help to retrieve Deepa's child from Izwan. The court made no order on costs.

Deepa's son taken away

It was reported that on April 7, the High Court in Seremban awarded custody of Deepa's two children, who had been converted to Islam by Izwan, to the mother.

Despite having custody of the children, the High Court did not rule on the conversion of the two children, a son aged six and nine-year-old daughter, to Islam by their father.

Two days after the High Court order, Izwan took away the couple's son from Deepa's house in Jelebu.

On June 30, IGP Khalid obtained a stay from the Syariah High Court in Seremban on the order that the police to find and locate the children.

The Court of Appeal also fixed Dec 4 for the hearing of Viran @ Izwan's appeal against the custody and recovery order.

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