KUALA LUMPUR: The High Court has allowed Loh Siew Hong's habeas corpus application to regain custody of his three children.
Judge Collin Lawrence Sequerah allowed the single mother's application today after hearing submissions from her lawyer and the lawyer present representing Ustazah Nazirah Nanthakumari Abdullah.
The Court this morning allowed the habeas corpus application by the mother who is of Buddhist faith against the Welfare Department and the ustazah who took care of the children at one point.
Court orders immediate release of three children from JKM to mother
BERNAMA
KUALA LUMPUR: The High Court here today ordered for the immediate release of three children from the care of Social Welfare Department (JKM) to their mother, Loh Siew Hong, after allowing the habeas corpus application filed by the single mother.
Justice Datuk Collin Lawrence Sequerah said pursuant to an order by the High Court dated March 31, 2021, the applicant was granted sole custody, care and control of the three children.
"There was also an earlier interim ex-parte order dated Dec 20 2019, granting sole custody, care and control of her children to the applicant.
"The court orders still stand and still valid. The court orders are not to be treated with impunity in the face of contempt of court. By reason that the court orders still stand, I, therefore, allow the application of writ of habeas corpus," the judge said.
In her notice of motion, filed through Messrs SS Thind on Feb 13, Loh named Nazirah Nanthakumari Abdullah as the first respondent and an unnamed party that she claimed to have her three children as the second respondent.
Loh is seeking a writ of habeas corpus or other appropriate orders by the court to compel the children's immediate release from the private custody of the respondents, and for the children to be returned to her.
Loh, 34, was seen in tears when the judge delivered the judgment.
The three children - twin girls aged 14 and a 10-year-old boy were seated in the witness room during the hearing.
Loh filed the habeas corpus application on grounds that although the High Court had granted custody, care and sole control of the three children to her, she had has not been able to see her children because her ex-husband M. Nagahswaran, was hiding them.
Loh claimed that she had found out later that her children were in the control of the first respondent (Nazirah, believed to be a Muslim preacher) at the Hidayah Centre Foundation in Bayan Lepas, Penang, but she was not allowed to meet and pick up her children.
She claimed that her children were then transferred to Perlis and placed under the control of the two respondents.
