KUALA LUMPUR: Pertubuhan Kebajikan Rumah Bonda Kuala Lumpur has filed for a court order to unseal its property after the premises had to be left vacant for almost a year.
Rumah Bonda, through its chairperson and founder Siti Bainun Ahd Razali, has named the Kuala Lumpur Welfare Department (JKMWPKL) director as the sole defendant in the legal action.
The originating summons was filed through Messrs Asiah Abd Jalil Law Chambers on June 7.
In a supporting affidavit affirmed by Siti Bainun, she said Rumah Bonda was a shelter home for unwed and pregnant teenagers and women, as well as illegitimate babies and children.
Since its inception, Rumah Bonda has taken it 62 teenagers and women and helped with the safe delivery of around 50 babies at hospitals.
Siti Bainun said she received a notice of seal under Section 16A(1) of the Care Centres Act on July 9 last year.
It informed her of a sealing action to be executed on the premises in Jalan Kukuban, Taman Setapak, on July 12, 2021.
She said Rumah Bonda had been in the process of registering its premises as a shelter home with JKMWPKL at the time, but conceded to the sealing action.
“However, I stress that the sealing action was done unfairly and without following reasonable administrative laws and principles as JKMWPKL knew that Rumah Bonda was in the midst of the registration process.
“It also knew that Rumah Bonda was a complete and conducive shelter home and for that reason, JKMWPKL itself had placed children under its care in Rumah Bonda,” she added.
On Aug 13, 2021, Rumah Bonda filed a judicial review at the High Court to challenge JKMWPKL’s sealing action dated July 12.
On Nov 15 that same year, the High Court dismissed the judicial review application after it allowed an objection raised by the Attorney-General’s Chambers.
Siti Bainun said that on April 20 this year, Rumah Bonda received a RM5,000 compound notice under Sections 21A and 24 of the Care Centres Act.
After a meeting with committee members, the shelter home agreed to pay the compound.
“I am, however, very disappointed.
“I was informed by the JKM enforcer that although we have paid the compound in full, the seal on Rumah Bonda can only be opened by way of a court order.
“Under the Care Centres Act, the JKMWPKL director has no power to unseal the premises,” Siti Bainun said.
She added that since July 12 last year, Rumah Bonda was still required to pay its monthly rent of RM2,800 despite having to leave the premises vacant due to the sealing action.
The lawsuit has been fixed for case management via ereview on June 22.
Siti Bainun, 30, is currently on trial for two charges of neglecting and abusing a 13-year-old Down Syndrome girl named Bella, to the point that the victim suffered injuries and emotional trauma.
The trial has attracted nationwide attention, including that of Tunku Mahkota Johor Tunku Ismail Sultan Ibrahim, who appointed lawyers to hold a watching brief.