Thursday, June 26, 2014

Indira’s custody battle: If IGP’s conscience is disturbing him, he should just resign

Press Statement by M. Kula Segaran,  DAP National Vice Chairman and MP for Ipoh Barat in Ipoh on June 26,  2014

Indira’s custody battle: If IGP’s conscience is disturbing him, he should just resign

On  May 30th 2014, Ipoh High Court judge Justice Lee Siew Seng had ,in a 136 page decision , finally granted an order to arrest Patmanathan @ Riduan ,a convert and ex husband of Indira Gandhi. The order to arrest was stayed for a week otherwise the warrant must be carried out by the 30th May.

Indira’s plight and trauma all started in 2009 when the then known as Pathamanathan had converted to Islam and also unilaterally converted his 3 children.

Patmanathan @ Riduan got a custody order from the Syariah court without the children and his wife’s knowledge. The children were then all minors aged 12, 11 and 11 months old.

Indira mounted a custody battle with Pathma and successfully got custody order after a full hearing in the Civil court where not only Pathma was present so were his lawyers. His subsequent appeal to the highest court was dismissed.

In short, in the Syariah court only Patmanathan @ Riduan got a chance to be heard. But in the Civil Court, Riduan and his lawyers were given full opportunity to be present and articulate their grievances. It has to be noted that Syariah court is only for Muslims.

A yo yo decision when IGP says only monitoring Patmanathan @Riduan.

Yesterday the Inspector General of Police Tan Sri Khalid said that the police will not arrest Patmanathan @ Riduan but will only monitor him. But the Court has granted an order to arrest Patmanathan @ Riduan. The order is addressed to the police. Can the IGP ignore this order? Isn't the conduct of the IGP contrary to the court order? His action will erode the confidence of the people.

Can the IGP explain other than the Civil court, has any other court given an arrest warrant order? I posed this because Patmanathan @ Riduan’s other two children are with Indira Gandhi and no arrest warrants are before the police.

The statement of the Inspector of Police is confusing and blatantly against the laws of the country. Is his statement with the consent and knowledge of the Home Minister?

When a court grants an order, the policeman must carry it out without questioning even if it goes against his wishes.

Meeting with Ipoh OCPD Ipoh yesterday

Indira and our lawyers met the OCPD of Ipoh yesterday at 3pm. In our discussion,  it was clear that the police are assisting to arrest the fugitive Patmanathan @Riduan. In fact,  he never uttered the word “ monitoring” as what was used by the IGP yesterday.

We told the OCPD that instead of “combing” Ipoh to arrest Patmanathan @ Riduan ,  the police should focus on Kota Baru, Kelantan as this is the place he was residing after the Court’s decision in 2010. His lawyer had also confirmed that he met Patmanathan @ Riduan numerous times in Kota Baru. 

Is the Attorney General irrelevant?

The IGP is confusing everyone when he says Article 121(1A) of the Federal Constitution presents two separate court systems. It is none of IGP’s business to question the court order. Since when the IGP has taken over the duties of the Attorney General?

The various courts have said and the latest being on the 30th May  that Syariah court is inferior in status  to Civil court and it is only for Muslims. The Ipoh High Court judge went further to say that the decision of the Syariah court is null and void.

Has the IGP or his advisers read the 136 page judgment. Or what is pronounced in the Judgment is irrelevant?  Since when it is the job of the police to interpret court decisions? Policeman’s job is just to enforce it and not question it.

It has to be noted that the custody orders from both the Civil and Syariah courts for the husband and wife have no directions to the police. So why is the IGP going on the “frolic of his own”.

Only in Indira’s case , a further , specific order was made asking the police to arrest Patmanathan @ Riduan.The police have now to act as the warrant of arrest has been directed against Patmanathan @ Riduan and the police have to give effect to it. There is no two ways about this.

Prime Minister must instill confidence on the police

There is uneasiness everywhere when the nation’s highest ranked policeman is seen as not respecting clear, unequivocal and unambiguous Court orders. If the IGP’s conscience is disturbing him, it is best he resigns/relinquishes his position before there is lawlessness and total loss of public confidence in the Police.

The IGP must get advice from the AG and not act on the frolic of his own. The AG can on behalf of the IGP file proceedings for directions to court. Why all these have not been forthcoming?

Finally, is the IGP above the law? The Home Minister and the Prime Minister seem to be afraid to ask the IGP to carry out court orders, why is this so? 

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