Monday, June 30, 2014

Indira files application to compel IGP

4:00PM Jun 30, 2014- Hafiz Yatim ( Malaysiakini) 

Indira files application to compel IGP 

Kindergarten teacher M Indira Gandhi has filed an application in the High Court in Ipoh today to compel Inspector-General of Police Khalid Abu Bakar to execute court's order to arrest her estranged Muslim convert husband, K Pathmanathan @ Muhd Ridhuan Abdullah.

The judicial review application was filed this afternoon following the order by High Court judge Lee Swee Seng that Muhd Ridhuan be arrested for not abiding by the May 30 decision to return their child, Prasana Diksa.

Indira named the IGP as the respondent.

The same court had also issued another order for the police and the Education Department to search for and return the six-year-old daughter to Indira (on the right).

Indira’s lawyer M Kulasegaran (left, in picture) said the IGP had initially wanted to get the children placed in welfare homes following the “middle path” solution Khalid took despite the High Court order.

This was followed by Perak police chief Acryl Sani Abdullah's Sani's statement that Perak police had been directed by the IGP to arrest Muhd Ridhuan.

However, Khalid (right) then made a turnaround on his statement and denied that police would arrest Indira’s former husband, that Perak police were only searching for Muhd Ridhuan to "monitor" him and to "ensure the child is safe".

“Indira filed a judicial review to seek an order of mandamus (order to compel) the IGP and police to find Mohd Ridhuan, failing which we will institute contempt proceedings,” Kulasegaran said.

Mother at a loss

Indira, Kulasegaran added, was at a loss following the uncertainty in the police action and this was why she was filing this application to compel the IGP to do what is required by law.

“Will she  and her family, including the brother and sister of Prasana Diksa, get to see her?” he asked.

“Indira is compelled to take this action to prevent lawlessness and for our fellow citizens to feel safe. It is hoped the court will give priority to this case. Law-abiding citizens need protection and guilty ones must be arrested,” Kulasegaran said in a statement.

The High Court has granted custody to Indira in its decision on May 30, when Justice Lee also declared that the civil court is superior to the syariah court.

Indira has been embroiled in this dispute since 2009, following Muhd Ridhuan's conversion to Islam, during which he also converted the three minor children.

Justice Lee last year also declared the conversion of the three children as null and void on grounds that the conversion by a single parent goes against the international norms.

Last Thursday, Attorney-General (AG) Abdul Gani Patail indicated the intention of the AG's Chambers to intervene in the interfaith custody cases of both Indira and S Deepa (right) in Seremban, Negeri Sembilan,

Today, the IGP obtained from the Seremban Syariah High Court an ex-parte stay of execution on the order compelling the police to assist in retrieving N Viran @ Izwan Abdullah's two children from Deepa.

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