Judge Collin Lawrence Sequerah allowed her application after hearing submissions from her lawyers and counsel appearing for preacher Nazirah Nanthakumari Abdullah.
He ordered that the children be returned to Loh’s custody.
“It (court order) should not be treated impunitively, upon the pain of contempt of court,” he said.
Loh broke down in tears after hearing the decision.
She had filed the habeas corpus application seeking the release of her 14-year-old twin daughters and 10-year-old son after being separated from them for three years.
She contended that she had obtained a civil court order giving her custody, care and control of her three children.
Loh claimed she came to know that her children were placed under Nazirah’s care, and alleged that Nazirah refused to let her meet them.
Earlier, her lawyer, A Srimurugan, told the court her case was a “sad” one as she had been separated from her children.
“This is a mother in distress. At this moment, she cannot go one centimetre near her children. It is pure inhuman treatment,” he said, pointing to the children, who were present in the witnesses’ room in the court.
Srimurugan affirmed that Loh’s case “has nothing to do with religion”.
“We don’t know what was the motive (of individuals allegedly holding the children illegally),” he said.
Lawyer Aidil Khalid, appearing for Nazirah, argued that Loh’s habeas corpus application – naming the preacher as the co-respondent – was academic as the children were no longer with her.
He said the children were now under the care of the social welfare department (JKM), to which Loh had consented.
“In her affidavit, she stated how she came to know the (whereabouts of the) children. She does not have custody and control of them as she only met the children during school holidays.
“When the father went missing, she (Nazirah) took the responsibility of taking care of them. They can’t say she held the children illegally,” Aidil said.
He concurred that this was not a case linked to religion.
“However, I want to set the record straight for Nazirah. The applicant claimed there were attempts to change the religion of her children.
“They were said to have converted some time in July 2020 but she (Loh) obtained full custody in 2021, which Nazirah did not know about,” he said.
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