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Sunday 13 April 2014

IGP blasted for inaction on civil court decision

 
The inspector general of police (IGP) has been widely blasted for claiming the police are bound by both civil and syariah law when responding to the abduction of the child in S Deepa's custody case.

Yesterday IGP Khalid Abu Bakar said they were not investigating the case as "there are two court orders, one civil and syariah court" and that "both are binding".

Malaysian Indians Progressive Association (Mipas) secretary general S Barathidasan (right) slammed Khalid asking, "Which one is the supreme court of Malaysia, the civil court or the syariah court?

"The Royal Malaysian Police (PDRM) has not set up a special squad yet to deal with syariah offences. So now the PDRM follows which orders, the civil or the syariah?"

Barathidasan said he was "truly shocked" by the IGP's statement.

"Would Khalid do the same if the (situation) was reversed andthe kidnap was by a Hindu mother?"

On Monday the High Court awarded Deepa custody of her two children, overruling a Syariah Court decision obtained last year by her ex-husband who had converted to Islam the same year

Justice Zabariah Mohd Yusof ruled this as her marriage to N Viran @ Izwan Abdullah was based on civil law.

Two days after her victory, her husband reportedly abducted their son and allegedly kicked her as she was trying to stop him driving away.

Two ex-law ministers: IGP wrong

Meanwhile according to The Star today, two former law ministers Nazri Abdul Aziz and Zaid Ibrahim have also flayed the IGP for his statement.

Nazri pointed out that Deepa's marriage is a civil matter and that "the High Court judge’s ruling was correct".

"The police shouldn’t allow him to get away with kidnapping the child,” he was reported saying.

Presently the tourism and culture minister, Nazri added the matter was "a clear-cut case of kidnapping".

“This isn’t a question of Izwan Abdullah being right under Syariah law.

“It is a civil law marriage, it is the civil court, we must respect the civil court’s ruling. They have the jurisdiction," he was reported saying.

He added that conversion to Islam should not be used as a "tool to escape marriage responsibilities".

The same report quoted Zaid saying, “To say they (the police) respect both court orders and therefore will do nothing is irresponsible, and this leaves a negative perception of them."

He said Khalid should have contacted the attorney-general or the prime minister on the matter.

The Attorney-General (AG) Abdul Gani Patail meanwhile was reported saying he will not comment until the police's investigations is referred to his Chambers.

Are police Muslims first?

Barathidasan further flayed Khalid (below) for taking sides when it came to interreligious matters.

"Is the police only for Muslims first? Mipas urges the PDRM to be more professional, efficient and world-class without any political influence," he said.

He pointed out that the police have yet to question Izwan for the abduction, and have failed to act on the father's contempt of court.

"Mipas is wondering why none of Hindus in PDRM, A Thaiveegan, A Paramasivam and many other highest ranked police officers are keeping silent on this serious issue," he added.

He said this case should not have happened in the first place, and called for the necessary laws to be amended "to spell out that the consent of both parents are needed to convert the children, and that when a spouse converts, the (other spouse) must be notified about the conversion and its legal implications" among others.

Barathidasan said the IGP is "misleading the public" and also demanded the PDRM and government "immediately stop protecting and encouraging pro-government lobbyists that are backing Izwan.

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