Monday, September 15, 2014

No body is above the law and that includes the IGP

Media statement by M. Kula Segaran, MP for Ipoh Barat and DAP National Vice Chairman in Ipoh on 15th September 2014

No body is above the law and that includes the IGP

It’s most heartening to speak yesterday day at a Tanjong Malim forum to the local population on the on going saga of the Indira Gandhi custody case.  Indira Gandhi also spoke at the forum.  Many present shed their tears as they listened to the pains which she has gone through.

The present Inspector General of Police (IGP) Tan Sri Khalid has said to the media ,among other things,  that Police will not arrest the convert Patamanathan who committed contempt of Court after failing to surrender his 6-year old child to his former wife M. Indira Gandhi.

Last Friday, the High Court of Ipoh gave the order of mandamus against the IGP, ordering him to immediately arrest Indira’s ex husband Patamanathan (now known as Muhammad Riduan Bin Abdullah) and retrieve the child. The child was snatched away by the ex husband from Indira Gandhi when she was only 11 months old and was breast fed. Since then, Indira Gandhi has not seen the child who is now about 6 years old.

The Attorney General Chambers has, immediately after the court granting a mandamus order, applied for a stay pending their appeal to the Court of Appeal. The Judge Lee Siew Seng refused to grant a stay. We are given to understand the AG Chambers will be filing papers to appeal.

It is most heartening to note that the former IGP Tan Sri Hassan Musa has openly supported the immediate arrest and retrieving Indira Gandhi’s child. This statement emanating from the former IGP is shocking and is disbelief but most welcomed. I am sure the former IGP has deeply thought how unfair the present IGP is on refusing to exercise his power to act against Patmanathan and retrieve the child.

However shocked the IGP should feel by Musa Hassan’s remarks, as pointed out by the Judge to set aside his personal opinion and carry out his police man duties without fear or favor, Khalid should do what ought to do as  a professional cop.
The whole nation is talking about what Tan Sri Khalid and his more than 100, 000 policemen going to do.
It would be good to have a look at the  Police Act Section 20  “General duties of police officers”
(f) executing summonses, subpoenas, warrants, commitments and other process lawfully issued by any competent authority;
Section 20 is crystal clear and has spelt out the duties and obligations of a IGP. The IGP cannot, but carry out the orders of the court.

The child has not seen the mother and the mother has not seen the child for over 5 years. A young child of this age needs the care and protection of the mother as these are formative years of the child more than any other time .Enough damage has been done. 

The ex husband’s lawyer En Anas has told the court that he has spoken to his client and he can be contacted by phone and that the fugitive stays in Kota Baru. This is a open and shut case for the police to locate for the fugitive. 

Presently the public perception is not in the police favour. Generally the public feels the Police are irresponsible by not caring out the orders of the court. If the police can ignore Court orders what about ordinary lay people?

The IGP Tan Sri Khalid should take the views of his predecessor very seriously and be persuaded to carry out his duties with vigour and arrest Muhammad Riduan Bin Abdullah and retrieve the child immediately. By this good deed, the public perception would be favorable to the police force and would further enhance the confidence in the Police force

No body is above the law that includes the IGP.

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