The Court of Appeal president says that this is an important case and the court will fix an early date to hear and dispose the appeal.
PUTRAJAYA: The Court of Appeal here has granted Inspector-General of Police Khalid Abu Bakar an inter parte stay against a High Court order for him to arrest a Muslim-convert father and return his daughter to his Hindu ex-wife.
Court of Appeal president Md Raus Sharif, chairing a three-member panel allowed Khalid’s application for the inter parte stay order.
Md Raus who presided together with Court of Appeal judges Zaharah Ibrahim and Abdul Aziz Abdul Rahim set October 30 to hear Khalid’s appeal against the High Court’s decision.
“This is an important issue. We will grant the stay and fix an early date to hear and dispose the appeal,” he said.
On September 12, the Ipoh High Court had allowed a judicial review sought by M.Indira Gandhi for a mandamus order to compel Khalid to arrest her ex-husband, Muhammad Ridhuan Abdullah and return their six-year-old daughter Prasana Diksa to her.
On September 17, Khalid obtained an interim stay order from the Court of Appeal judge Aziah Ali against the High Court pending hearing of yesterday’s application.
The same panel had dismissed Indira’s application to set aside the interim stay order.
Lawyer Aston Paiva, representing Indira agreed to have an early hearing date fixed but objected to the stay application.
In 2009, the Syariah Court in Ipoh had given Ridhuan, who was formerly known as K.Pathmanathan, the custody of the three children, Tevin Darsiny, 17, Karan Dinish, 16, and Prasana after he unilaterally converted them to Islam.
In 2010, the High Court in Ipoh granted Indira full custody of all three children and Ridhuan was ordered to return Prasana to the mother.
On May 30, the High Court cited Ridhuan for contempt and issued a warrant of arrest against him after he repeatedly failed to hand over Prasana.
Indira had also obtained a recovery order from the High Court to compel the police to locate Ridhuan.
Senior federal counsel Noor Hisham Ismail and Suzana Atan appeared for Khalid. - Bernama
Court of Appeal president Md Raus Sharif, chairing a three-member panel allowed Khalid’s application for the inter parte stay order.
Md Raus who presided together with Court of Appeal judges Zaharah Ibrahim and Abdul Aziz Abdul Rahim set October 30 to hear Khalid’s appeal against the High Court’s decision.
“This is an important issue. We will grant the stay and fix an early date to hear and dispose the appeal,” he said.
On September 12, the Ipoh High Court had allowed a judicial review sought by M.Indira Gandhi for a mandamus order to compel Khalid to arrest her ex-husband, Muhammad Ridhuan Abdullah and return their six-year-old daughter Prasana Diksa to her.
On September 17, Khalid obtained an interim stay order from the Court of Appeal judge Aziah Ali against the High Court pending hearing of yesterday’s application.
The same panel had dismissed Indira’s application to set aside the interim stay order.
Lawyer Aston Paiva, representing Indira agreed to have an early hearing date fixed but objected to the stay application.
In 2009, the Syariah Court in Ipoh had given Ridhuan, who was formerly known as K.Pathmanathan, the custody of the three children, Tevin Darsiny, 17, Karan Dinish, 16, and Prasana after he unilaterally converted them to Islam.
In 2010, the High Court in Ipoh granted Indira full custody of all three children and Ridhuan was ordered to return Prasana to the mother.
On May 30, the High Court cited Ridhuan for contempt and issued a warrant of arrest against him after he repeatedly failed to hand over Prasana.
Indira had also obtained a recovery order from the High Court to compel the police to locate Ridhuan.
Senior federal counsel Noor Hisham Ismail and Suzana Atan appeared for Khalid. - Bernama
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