Legal remedy for unilateral change of a child’s religion more urgent than ever — Bar Council

Source: The Malay Mail Online

JANUARY 13: The Malaysian Bar is troubled by the decision of the Court of Appeal in the case of Indira Gandhi. The unilateral conversion of a minor child to a religion, by one parent without the knowledge or consent of the other (non-converting) parent, violates the constitutional rights of the non-converting parent.

The Malaysian Bar recalls the Cabinet directive announced in April 2009 through the former de facto Law Minister, Dato’ Seri Mohamed Nazri Abdul Aziz, that the children of an estranged couple should remain in the religion of the parents at the point of their marriage. This directive is just and fair, and is the only position that can be constitutionally correct.

The Malaysian Bar calls for the Government to introduce appropriate amendments to all relevant statutes and state enactments to provide that both parents must consent to the change of religion of a minor child. This too would be the correct constitutional position. Read more

High Court rejects Azmi Sharom’s bid to transfer sedition trial

Source: The Malay Mail Online

Universiti Malaya law lecturer Dr Azmi Sharom (centre) with his lawyers at the Federal Court in Putrajaya, October 6, 2015. — Picture by Yusof Mat Isa

Universiti Malaya law lecturer Dr Azmi Sharom (centre) with his lawyers at the Federal Court in Putrajaya, October 6, 2015. — Picture by Yusof Mat Isa

KUALA LUMPUR, Jan 13 — The Kuala Lumpur High Court today dismissed Universiti Malaya (UM) senior law lecturer Azmi Sharom’s bid to transfer his sedition trial from the Sessions Court to the High Court.

High Court judge Datuk Haji Ab Karim Ab Rahman said Azmi’s case does not have exceptional facts and that there will not be an unfair trial if it was heard at the Sessions Court.

“Therefore I dismiss the application and this case will be heard at the Sessions Court,” he said.

Azmi’s lawyer Gobind Singh Deo said an appeal will be filed against today’s decision and asked the High Court to direct the Sessions Court to stay the trial there until a decision on the appeal is made.

But Ab Karim disallowed the application.

Tomorrow has already been fixed for the first day of hearing at the Sessions Court, but Gobind confirmed to Malay Mail Online that he will be making an application there for a stay of the trial pending the appeal. Read more