Lawyers for Liberty calls for the IGP's resignation if he is unable to defend the rights of all Malaysians.
PETALING JAYA: Laws and court judgments will be meaningless if the police are allowed to pick and choose which one to enforce, said Michelle Yesudas, legal and campaign coordinator for Lawyers for Liberty.
Yesudas was commenting on IGP Khalid Abu Bakar’s refusal to act against Muslim convert Izwan Abdullah who kidnapped his son from estranged wife S Deepa.
The mother, who was granted custody of the child by the Seremban High Court, had wanted the police to arrest Izwan for violating a court order.
The IGP had advised Deepa to settle the matter privately as there were two court orders – civil and syariah.
“By turning a blind eye and citing ‘conflicting jurisdiction’, the IGP is sending the wrong message that the police are unwilling to protect the rights of a non-Muslim spouse in the event of custodial dispute,” Yesudas said in a statement today.
The marriage between Izwan and Deepa was conducted under civil law, the Law Reform (Marriage and Divorce) Act 1976.
She said therefore all issues of divorce, custody of children and other matters could only be decided under the same Act.
“This cannot be circumvented by one spouse converting into Islam,” added Yesudas.
“Under the Federal Constitution, the Syariah court does not have any jurisdiction over non-Muslims.
“Furthermore, Izwan’s act of snatching the child was criminal in nature,” she added.
The abduction was not an isolated incident as there are cases of spouses gaining custody by converting their children without the knowledge of their non-Muslim spouse through the Syariah court.
“We urge the IGP to respect the rule of law and apply it equally without discrimination against ethnicity or religion.”
“If he is unable to defend the rights of all Malaysians, then he is not fit to lead the police force and should resign,” said Yesudas.
Yesudas was commenting on IGP Khalid Abu Bakar’s refusal to act against Muslim convert Izwan Abdullah who kidnapped his son from estranged wife S Deepa.
The mother, who was granted custody of the child by the Seremban High Court, had wanted the police to arrest Izwan for violating a court order.
The IGP had advised Deepa to settle the matter privately as there were two court orders – civil and syariah.
“By turning a blind eye and citing ‘conflicting jurisdiction’, the IGP is sending the wrong message that the police are unwilling to protect the rights of a non-Muslim spouse in the event of custodial dispute,” Yesudas said in a statement today.
The marriage between Izwan and Deepa was conducted under civil law, the Law Reform (Marriage and Divorce) Act 1976.
She said therefore all issues of divorce, custody of children and other matters could only be decided under the same Act.
“This cannot be circumvented by one spouse converting into Islam,” added Yesudas.
“Under the Federal Constitution, the Syariah court does not have any jurisdiction over non-Muslims.
“Furthermore, Izwan’s act of snatching the child was criminal in nature,” she added.
The abduction was not an isolated incident as there are cases of spouses gaining custody by converting their children without the knowledge of their non-Muslim spouse through the Syariah court.
“We urge the IGP to respect the rule of law and apply it equally without discrimination against ethnicity or religion.”
“If he is unable to defend the rights of all Malaysians, then he is not fit to lead the police force and should resign,” said Yesudas.
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