S Shamala has confirmed that she has instructed her lawyers to discharge themselves as she does not intend to pursue her civil case involving custody of her two sons.

They had been converted to Islam without her knowledge by her former husband Dr M Jeyaganesh, now a Muslim convert known as Muhammad Ridzwan Abdullah

NONE Steven Thiru (right) who appeared for Shamala for the final time today, also asked the three-member bench led by Justice Sulaiman Daud not to make any order on costs.

The other two judges were Justices Syed Ahmad Helmy Syed Ahmad and Anantham Kasinater.

"She takes the view there is no legal remedy following the Federal Court decision and feels there is no purpose in going on with her civil case,” he told the Court of Appeal today.

“As a non-Muslim, she and her children have been protecting her constitutional rights since they cannot go to the Syariah Court to seek a remedy.  She was hoping this could be accorded to her in a civil court.”

The legal team - including Ravi Nekko and David Matthews - said they had written to Shamala at her last known address in Australia, following the Court of Appeal directive to verify her instructions to discharge themselves.

Thiru further denied the allegation by Muralee Menon, representing  Muhammad Ridzwan, that the legal team was acting on its own.

"We have affidavits to show that we took directions from Shamala's family and Shamala herself who gave instructions to Ravi Nekko," Thiru said.

The bench then ruled in favour of the application for Shamala to discharge her lawyers and made no order as to costs.

Justice Sulaiman also fixed Dec 1 to hear Muhammad Ridzwan's appeal to set aside the committal proceedings against him following the conversion of the two sons and at one point, taking them away.

The children are now with Shamala who is now believed to be in Australia.

Muhammad Ridzwan was represented today by V Muganthan. Malaysian Bar vice-president Chris Leong held a watching brief for the Bar Council.

‘Sad day for Shamala’

Thiru, who is also Bar Council treasurer, later told Malaysiakini that the latest development represents a sad day for Shamala.

“She was hoping that the civil court would be with her on this issue to possibly interpret the constitutional question. Where else can she go?

“Yesterday was a happy day for all university students and lawyers as the court recognised that freedom of expression is a guaranteed right. However, today is a sad day for Shamala as she feels she cannot get justice.”

palace of justice 260207 01 The Federal Court had on Nov 12, 2010 decided not to answer five questions posed and drafted by the Court of Appeal, to help resolve conversion and custody issues when one spouse converts to Islam.

Shamala and Jayaganesh were married in 1998 according to Hindu rites and their marriage was registered under the Law Reform (Marriage and Divorce) Act 1976.

Sometime in November 2002, Jayaganesh became a Muslim and subsequently converted their sons, then aged four and two respectively, without Shamala's knowledge or consent.

She filed an application for custody at the Kuala Lumpur High Court and obtained an interim order while her husband was granted access to them.

Before the interim custody order was made, however, Muhammad Ridzwan obtained a hadanah custody order from the Syariah Court, creating the prolonged legal battle that ended today with Shamala’s decision.