It seems inspector-general of police Khalid Abu
Bakar has been provided a lifeline from possible contempt in the Ipoh
High Court inter-faith custodial dispute.
The reprieve came after the attorney-general obtained an ex-parte stay of execution from the Court of Appeal on the order to compel the IGP to arrest K Pathmanathan @ Mohamad Ridhuan Abdullah within seven days from last Friday.
An ex-parte stay order is made by one party without the attendance of the other.
The stay has freed the IGP of possible contempt, since both parties will now be required to meet on Sept 25 for the court to decide whether the stay will be permanent.
The appellate court decision was made on Wednesday and a copy was served on Ipoh Barat MP and lawyer M Kulasegaran today.
IGP Khalid made an accompanying affidavit to the application.
The arrest order to be executed by the IGP was issued by the Ipoh High Court.
The Appeal Court decision was made by a single judge, namely Justice Aziah Ali, rather than the customary three-member panel.
This is similar to the Mohd Nizar Jamaluddin vs Zambry Abdul Kadir case in which a stay of execution of the Kuala Lumpur High Court order was granted by a single Court of Appeal judge who heard the matter.
Kulasegaran
said the application was unnecessary and unfair because the papers
could have been served to him in person rather than ex-parte, and argued
for a three-member appeal panel.
The Ipoh High Court had on Friday ordered the police and IGP to arrest Pathmanathan @ Ridhuan (left) and for his daughter Prasana Diksa returned to her mother M Indira Gandhi within seven days.
On that same day, the senior federal counsel applied for a stay of the order. only to be rejected by Justice Lee Swee Seng.
Yesterday it was reported that the AG's Chambers had subsequently filed a notice of appeal over Friday's application.
Kula: We will challenge
Kulasegaran slammed the government's move of securing the application without having their voice heard and questioned the government's motives.
Indira (right in photo), he added, is distraught and upset on being informed of the ex-parte order and they intend to challenge it.
Kulasegaran said the refusal by the IGP to arrest Pathmanathan is only giving aid to his continuing act of contempt.
“The administration of justice is being brought into disrepute. I have promised her our team of lawyers will immediately mount a challenge to set aside the ex-parte order.
“It is not going to be easy. To challenge the country’s top policeman, the IGP, and the government’s number one lawyer, the AG, is going to be an uphill task.
"But persevere we will for we have faith that justice in accordance with the law and as administered by our judges will prevail,” he said in a statement.
Stay application 'baseless'
Kulasegaran argued that there was no need for the government to opt for the ex-parte application.
"Although the AG is entitled to make such an application, there is utterly no urgency nor any prejudice to the IGP.
“The
IGP merely had to arrest Indira Gandhi’s ex-husband and commit him to
prison. Something which he, as a policeman, is duty bound to do," he
argued.
“Indira Gandhi has her solicitors, Messrs Kula & Associates, and it would have only been fair for the AG to serve all papers on us and to have the matter heard before a panel of three judges in open court.”
The Ipoh Barat MP said it commonly accepted practice in law that both parties in the case ought to be heard.
“Justice must not only be done but must be seen to be done. The AG’s decision to move the court and obtain an ex-parte order is only going delay matters, while causing serious prejudice to the welfare of Prasana Diksa and Indira Gandhi and create a great disservice to the administration of justice.
“Had the court heard us, it might have come to the conclusion that the application was baseless.
"The AG must convince Malaysians that ex-parte applications such as these are being made for the interest of the public and not for any ulterior motive,” Kulasegaran said.
The reprieve came after the attorney-general obtained an ex-parte stay of execution from the Court of Appeal on the order to compel the IGP to arrest K Pathmanathan @ Mohamad Ridhuan Abdullah within seven days from last Friday.
An ex-parte stay order is made by one party without the attendance of the other.The stay has freed the IGP of possible contempt, since both parties will now be required to meet on Sept 25 for the court to decide whether the stay will be permanent.
The appellate court decision was made on Wednesday and a copy was served on Ipoh Barat MP and lawyer M Kulasegaran today.
IGP Khalid made an accompanying affidavit to the application.
The arrest order to be executed by the IGP was issued by the Ipoh High Court.
The Appeal Court decision was made by a single judge, namely Justice Aziah Ali, rather than the customary three-member panel.
This is similar to the Mohd Nizar Jamaluddin vs Zambry Abdul Kadir case in which a stay of execution of the Kuala Lumpur High Court order was granted by a single Court of Appeal judge who heard the matter.
Kulasegaran
said the application was unnecessary and unfair because the papers
could have been served to him in person rather than ex-parte, and argued
for a three-member appeal panel.The Ipoh High Court had on Friday ordered the police and IGP to arrest Pathmanathan @ Ridhuan (left) and for his daughter Prasana Diksa returned to her mother M Indira Gandhi within seven days.
On that same day, the senior federal counsel applied for a stay of the order. only to be rejected by Justice Lee Swee Seng.
Yesterday it was reported that the AG's Chambers had subsequently filed a notice of appeal over Friday's application.
Kula: We will challenge
Kulasegaran slammed the government's move of securing the application without having their voice heard and questioned the government's motives.
Indira (right in photo), he added, is distraught and upset on being informed of the ex-parte order and they intend to challenge it.Kulasegaran said the refusal by the IGP to arrest Pathmanathan is only giving aid to his continuing act of contempt.
“The administration of justice is being brought into disrepute. I have promised her our team of lawyers will immediately mount a challenge to set aside the ex-parte order.
“It is not going to be easy. To challenge the country’s top policeman, the IGP, and the government’s number one lawyer, the AG, is going to be an uphill task.
"But persevere we will for we have faith that justice in accordance with the law and as administered by our judges will prevail,” he said in a statement.
Stay application 'baseless'
Kulasegaran argued that there was no need for the government to opt for the ex-parte application.
"Although the AG is entitled to make such an application, there is utterly no urgency nor any prejudice to the IGP.
“The
IGP merely had to arrest Indira Gandhi’s ex-husband and commit him to
prison. Something which he, as a policeman, is duty bound to do," he
argued.“Indira Gandhi has her solicitors, Messrs Kula & Associates, and it would have only been fair for the AG to serve all papers on us and to have the matter heard before a panel of three judges in open court.”
The Ipoh Barat MP said it commonly accepted practice in law that both parties in the case ought to be heard.
“Justice must not only be done but must be seen to be done. The AG’s decision to move the court and obtain an ex-parte order is only going delay matters, while causing serious prejudice to the welfare of Prasana Diksa and Indira Gandhi and create a great disservice to the administration of justice.
“Had the court heard us, it might have come to the conclusion that the application was baseless.
"The AG must convince Malaysians that ex-parte applications such as these are being made for the interest of the public and not for any ulterior motive,” Kulasegaran said.
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