Landmark and bold decision by Justice Lee Siew Seng
On the 30th May 2014 , Justice Lee Siew Seng granted a warrant of arrest order against Indira Gandhi ex husband Riduan for refusing to hand over the last child of the family Prisan Diksa. But the said order was suspended for a week for Riduan (Pathmanathan) to return the child and to purge the contempt. After one week his lawyer called over to our law office and said his client couldn't return the child as the notice was too short and he was confused.
In 2010, the High Court Judge Wan Afrah binti Wan Ibrahim granted an order of custody of all the three children to the mother Indira Gandhi after full hearing the convert husband and his lawyers.
The arrest warrant specifically requested the police to execute the warrant. Unfortunately, the Inspector General of Police refused to execute the warrant as the IGP said he cannot execute the order as there were similar orders from the Syariah court. We have pointed out to the court there isn't any similar court order from the Ipoh Syariah court except only similar custody Oder where the police are not involved or any order to the police.
Indira has lost all avenues to enforce the warrant of arrest and to get back her 5 year old child and thus had to file an application for leave for mandamus to commit the IGP for contempt.
Today, the court has given leave for a mandamus order to be issued with respect to compel the IGP to execute the warrant of arrest and to execute the recovery order issued by the court. Also the Court gave an order of prohibition to restrain or prohibit the execution of the Syariah Court order. We intent to pursue the matter urgently and quickly.
The decision today is a land mark decision of the High Court. The decision has far reaching consequences. To the best of our knowledge, the first of its kind against a IGP in any country in the world. We congratulate and praise the correct and bold decision delivered by Justice Lee.
We want a speedy closure of this issue with the immediate arrest of the ex husband and the child be returned to the natural mother. Indira Gandhi and her other children are yearning for the last child. Their continuous agony and mental torture should end forthwith.
We urge the Prime Minister to take serious note of today's decision of the court.IGP could be the first in the world for an order of this nature to be made.
The police must quickly enforce the warrant of arrest to prevent people losing confidence in the system and to redeem its own pride and dignity.
I urge the IGP to be suspended from service and a full inquiry be carried out to ascertain the reasons for his failure to carry out his duties. Will this ever happen in this boleh land??
Case has been fixed for full Hearing on September 12th