sourceSHAH ALAM (July 6, 2007): The High Court here today dismissed an application by the husband of a woman whom he claimed was unlawfully detained for 180 days in an Islamic faith rehabilitation centre in Hulu Yam Baru in Batang Kali, Selangor.
Lawyers representing Siti Fatimah Abdul Karim's husband V.Suresh had prepared to argue the Habeas Corpus application but were only informed late yesterday about her release from the Baitul Aman Faith Rehabilitation Centre in Hulu Yam.
The remand period, initially for 80 days and then extended to 100 days, was supposed to expire midnight today.
Suresh had claimed his wife, who goes by the name M.Revathi, 29, was being unlawfully detained in the centre after she was taken away by officials from the Malacca Islamic Religious Council officers (MAIM) when she turned up at the Syariah court on Jan 8.
Lawyer representing the Superintendent of the centre and the Selangor Islamic Religious Council (MAIS) Mohamed Haniff Khatri Abdulla told the court Siti Fayimah was released from detention and ordered to be placed under the custodyof her parents following a decision by the Syariah court in Malacca yesterday.
"Since the Syariah court has the wisdom to release Siti Fatimah, she is no longer under detention and therefore this application becomes redundant," said Mohamed Haniff Khatri.
He cited several Federal Court cases and decisions on the issue to support his argument and appealed to judge Datuk Su Geok Yiam to dismiss the application.
Lawyer representing Suresh, Karpal Singh appealed to the court for the case to be heard despite it becoming academic after Revathi's release.
He said it was necessary for the matter to be heard as it was a case of public interest and perhaps it was an appropriate time for the court to ventilate further on the case because there was an increasing trend in such cases.
Karpal also cited some Federal Court cases on the issue and appealed to the court to give Revathi a chance to tell the court what transpired in the Syariah court.
He also said the Syariah court's order for Revathi's parents to take custody of her was odd because she was no longer a minor and is married.
Judge Datuk Su Geok Yiam, in her decision, said since Siti Fatimah was no longer under detention and therefore she had no choice but to dismiss the case.
"The law on this issue is clear, once the subject matter of a habeas corpus application is no longer under detention, the court has no jurisdiction to hear the application," said Su.
Later outside the courtroom, Revathi claimed the following took place at the centre:
-not given medical attention when she was sick;
-no proper food and was also forced to consume beef;
-forced to wear headscarf;
-not allowed to meet her 18-month-old daughter Diviya Dharshini; and
-threatened her "thali" (saffron coloured woven thread or gold chain worn around the neck by Indian women who are married) would be removed and forced to embrace Islam.
She added her husband took care of their daughter before Diviya Dharshini was handed over to her parents' custody.
Revathi said her parents had converted to Islam before her birth but she was raised as a Hindu by her grandmother.
She married Suresh in March 2004 according to Hindu rites in a temple in Malacca, but the marriage was not registered. Revathi had sought to renounce Islam and was told to go throught the Syariah court to obtain the necessary approvals and certificate when she was taken away by MAIM officers for rehabilitation.
The couple is now having difficulties registering the birth of Diviya Dharshini.
MAIM spokesman Tuah Atan, who was present in court, said Siti Fatimah is a Muslim and her parents were given custody to enable her to continue living as a Muslim.
He said they will assist Siti Fatimah to "return to the right path" in due time.
Suresh, meanwhile, said he is glad his wife has been released but was uneasy about the Syariah court order handing custody of his wife to her parents, adding he will seek advice from his lawyers on the next course of action.
Mohamed Haniff Khatri was assisted by counsels Zainul Rijal Abu Bakar, Rahim Sinwan and Abdul Halim Bahari.
Karpal was assisted by J.Amardas and Nicholas Netto while Edward Saw held a watching brief for the Malaysian Bar and Sunil Lopez for the Malaysian Consultative Council on Buddhism, Christianity, Hinduism, Sikhism and Taoism (MCCBCHST).
AND the STRONG version from MK
Revathi, 29, still steadfastly wants to remain a Hindu, despite her six month detention by religious
authorities and ongoing efforts to make her a Muslim.
"My name is Revathi. I want to hold on to that name forever. I want to drop the name Siti Fatimah,"
Revathi, sporting pottu (Hindu symbol) on her forehead, told reporters outside the Shah Alam High
Court today.
Born Siti Fatimah Abdul Karim to Muslim convert parents, she was called Revathi Masoosai by the
grandmother who raised her.
She married to V Suresh in 2004 according to Hindu rites and has a 18-month old daughter.
In January this year, Revathi was detained at the Malacca Syariah High Court when she attended a hearing
over her application to have her official religious status be recognised as a Hindu.
She was detained at the court and subsequently held at the Ulu Yam religious rehabilitation camp in Selangor
for six months until she was freed yesterday.
Speaking about her experience inside the camp, Revathi today described that she was subjected to 'mental
torture' and claimed that she defied attempts to coerce her to follow religious classes.
"Their programmes are solely on religion. (There were also) prayer classes. I never attended (any of them).
I only attended counselling. During counselling, they said I had to do this and that. They said I had to
follow (religious) laws. I just buat tidak tahu (ignore).
"I argued that I had a right to choose my religion, but they replied that I should not talk about (my)
rights," said Revathi who is presently living with her Muslim parents as ordered by the religious
authorities.
She claimed that many had ran away from the 'jail-like' conditions of the camp but she had not.
"A lot of people ran away, even though (the camp was for Muslims). Though I'm a Hindu, I could bertahan
(bear with the conditions), because I'm upholding the good name of Hinduism," she added.
During her detention, she was not allowed visits. Recalling the only time she got to see her husband
during her detention, Revathi said: "Even though I was allowed to meet my husband, I got
to see him (standing) outside the camp, without their permission. I saw his car and I ran towards the fence.
It was only once (I got to see him during the detention). After that, they (from the centre) dragged
me away.
"Before, it was not enclosed. Now, they used zinc (sheets) to surround the area. You can't see inside
and we won't know who is outside," she said.
The emotional moment where Revathi and Suresh were momentarily reunited was captured on film by
Al-Jazeera and aired on April 23 in current affairs programme Everywoman.
Revathi was initially detained for 80 days at the camp but her detention was extended for 100 days twice. Her
stint ended yesterday when she was presented before the Malacca Syariah Court.
She was ordered to live with her parents and undergo counselling. She lamented that she was "unsatisfied"
with the decisions made by the court.
"They held me for six months, only to say that I cannot leave Islam. If that is the case, they should
have told me earlier, so I don't have to go into the centre.
"Who's going to compensate for the six months I was there? (It is a) waste of my time! I was separated
from my child and husband. How are they going to compensate?" she asked.
"I have a right to choose my religion. In six months, they cannot make me change my mind, how can they do it now?"
She also said that religious officials tried to force her to pray, eat beef and wear a headscarf.
"Because of their behaviour, I hate (benci) Islam even now," she added.
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