KUALA LUMPUR: Pertubuhan Kebajikan Rumah Bonda Kuala Lumpur has filed for a court order to unseal its property after the premises were left vacant for almost a year.
Rumah Bonda, through its chairperson and founder Siti Bainun Ahd Razali, named the Kuala Lumpur Welfare Department director as the sole defendant in the legal action.
The originating summons was filed through Messrs Asiah Abd Jalil Law Chambers on Tuesday (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 put up 62 teenagers and women and helped in the safe delivery of 50 babies at hospitals, she added.
Siti Bainun said she received a seal notice under Section 16A(1) of the Care Centres Act 1993 on July 9 last year informing her of a sealing action to be executed on the premises at Jalan Kukuban, Taman Setapak, here on July 12.
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She said during that time, Rumah Bonda was still in the process of registering its premises as a shelter home with the Welfare Department and it conceded to the sealing action.
"However, I stress that the sealing action was done unfairly and without following reasonable administrative laws and principles as the department knew that Rumah Bonda was in the registration process.
"It also knew that Rumah Bonda was a complete and conducive shelter home and for that reason, the department itself had placed children under its care with Rumah Bonda," she added.
On Aug 13, Rumah Bonda filed for a judicial review at the High Court to challenge the sealing action.
On Nov 15, the High Court dismissed the judicial review application after it allowed an objection raised by the Attorney General's Chambers.
Siti Bainun said on April 20 this year, Rumah Bonda received a RM5,000 compound notice under Section 21A and Section 24 of the Care Centres Act 1993.
After a meeting with committee members, the shelter home agreed to pay the compound.
"However, I am very disappointed when I was informed by the Welfare Department enforcer that although we have paid the compound in full, the seal on Rumah Bonda could only be opened by way of court order.
"Under the Care Centres Act 1993, the Kuala Lumpur director has no power to unseal the premises," she added.
Siti Bainun said Rumah Bonda still has to pay monthly rental of RM2,800 despite the premises being left vacant since the sealing action on July 12.
The lawsuit has been fixed for case management via e-review 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 of the victim suffering injuries and emotional trauma.
The trial attracted nationwide attention, including from Tunku Mahkota Johor Tunku Ismail Sultan Ibrahim, who appointed lawyers to hold a watching brief in the trial.
