Lawyer Shamsher Singh Thind, representing Loh, confirmed that the notice was filed yesterday.
“A case management has been set on Nov 29 before senior assistant registrar of the Federal Court, Wan Norazimin Kassin, via e-review,” he told FMT.
Based on the notice sighted by FMT, the state is seeking to set aside the Federal Court decision delivered in May this year.
The appellant claimed that its right to be heard was “severely compromised” when its counsel’s submissions relating to several legal points in law were “entirely disregarded” and “not considered comprehensively” by the apex court.
On May 14, the Federal Court denied a request by the Perlis government, the Perlis Islamic Religious and Malay Customs Council (MAIPs) and two others to revisit a 2018 ruling that held the unilateral conversion of minor children unconstitutional.
In a unanimous decision, a three-member apex court panel had rejected an application for leave to challenge a ruling handed down by the Court of Appeal in favour of Loh in January this year.
Chief Justice Tengku Maimun Tuan Mat said the ruling in M Indira Gandhi’s case, handed down by a five-member apex court bench, was good law.
The court’s verdict also meant that the Court of Appeal ruling on Jan 10, which annulled a provision in the Perlis state enactment allowing unilateral conversions, had been upheld as violating Article 12(4) of the Federal Constitution.
Article 12(4) provides that the religion of a person under the age of 18 years shall be decided by his parent or guardian.
Tengku Maimun said the term “parent” in the English text of the Federal Constitution meant that both parents must consent to the conversion of a minor to Islam.
The Court of Appeal had allowed Loh’s appeal and set aside a High Court ruling that declared the unilateral conversion of her three minor children to Islam in Perlis four years ago constitutional.
Her children were unilaterally converted to Islam by her former husband Muhammad Nagahswaran Muniandy in Perlis in 2020.
Loh took the matter to court, seeking a declaration that a provision in the state enactment allowing a parent to unilaterally convert minor children was unconstitutional.