IGP ordered to get child back or answer to court - Malaysiakini

 

Inspector-General of Police Khalid Abu Bakar has 48 hours to abide by the committal and recovery order issued against K Pathmanathan @ Muhd Ridhuan Abdullah to return six-year-old Prasana Diksa to her mother, Indira Gandhi.

This follows the Court of Appeal today dismissing Ridhuan's application for an extension of time to file his record of appeal to set aside the contempt of court order served against him for not abiding, until today, with the order of the High Court in Ipoh to return Prasana within the stipulated time of May 30, 2014.

The appellate court also dismissed the applications of the attorney-general and the IGP to intervene in the case following the court's order to strike out Ridhuan’s appeal.

With this, Khalid and the police have until Friday to arrest Ridhuan and retrieve Prasana, failing which Khalid has to appear before the High Court in Ipoh to explain reasons for the police failure to abide by the court decision.

'Ridhuan found guilty of contempt'

This follows the appellate court ruling that Ridhuan cannot be heard in this court as he was found guilty of contempt for not abiding by the High Court order to return the youngest child to the mother.

Justice Balia Yusof Wahi said the decision not to allow the extension of time, and not allowing the IGP and AG to intervene, was also unanimous following the court today allowing the objection by M Indira Gandhi's lawyers to strike out Ridhuan’s application.

“It is trite that the contemptor (Ridhuan) cannot be heard until he has purged his contempt as there is a committal order against him dated May 30, 2014. Ample time was given to the appellant to purge his contempt (set aside the contempt order, but he had filed it out of time). The law is not with him,” Justice Balia said.

“We agree with the submission of the applicant in this case. Public interest demands respect for the law to be maintained and the appellant (Ridhuan) has not shown that,” he said.

Justice Balia said because of this, the court could not allow the application for the AG or IGP to intervene in this matter or allow Ridhuan’s application for an extension of time for the appeal records.

“These two applications must have fallen flat and have become academic,” he ruled.

Sitting with Justice Balia were Court of Appeal judge Mah Weng Kwai and High Court judge Badariah Sahamid.

The High Court in Ipoh has fixed Friday for hearing kindergarten teacher Indira Gandhi's review application to execute the High Court order compelling the IGP to arrest Ridhuan.

Shamala case haunts Ridhuan

Ironically, another unilateral conversion custody case was used to in today's matter, with lawyer Aston Paiva, representing Indira Gandhi, saying that a person who is in contempt cannot be allowed to be heard in court.

Aston cited the majority judgment in the S Shamala vs M Jeyaganesh case for this where the court ruled Shamala had no right to be heard in court because a contempt proceeding was initiated against her for not returning her children.

Shamala, a nurse, had taken her children to Australia after she obtained custody of them, and was not willing to come back to Malaysia for the appeal filed in court by her former husband.

Aston said the High Court in Ipoh had given mercy to Ridhuan, saying it would suspend the contempt order if he returned the child.

“The court had given order granting custody to the mother in 2009 and there has been a lapse of more than four years.

“This man has not purged his contempt. He is simply not responding and not contactable, undetectable and his whereabouts are unknown,” Aston said.

Also representing Indira with Aston are M Kulasegaran and N Selvam.

However, Ridhuan's lawyer, Anas Fauzi, cited the minority judgment in the Shamala case by Chief Judge of Sabah and Sarawak Richard Malanjum to back his case.

Anas said in the minority judgment, Justice Malanjum allowed a leeway of three months to Shamala to come back to Malaysia and to stand in judgment of the court.

“The court should consider the constitutional right of the father following the dispute in the High Court and the Syariah High Court, as the Syariah High Court had given custody of the child to the father.

“Therefore, we must wait for the appeal to be heard. This is conditional relief and the court should allow constitutional questions to be posed and not close the court's doors,” he said.

'Blatant disobedience by Radhuan'

However, Justice Mah intervened that there has been blatant disobedience by Ridhuan to the court order.

Justice Balia interjected further that Ridhuan had not filed the memorandum of appeal, which includes the record of appeal and now, the court was hearing this extension of time.

“Besides this notice of appeal, nothing else has been filed,” he said.

Senior federal counsel Suzana Atan, for AG Abdul Gani Patail and IGP, said this was a public interest matter and her application should be allowed.

Outside the court after the verdict, Kulasegaran said this case differed from Deepa's case as the Ipoh Syariah High Court did not order the police to trace the children, unlike the Seremban case where orders are made.

Hence, Kulasegaran said, there was no conflict.

“With today's decision, the IGP has to find Ridhuan within 48 hours and bring the child back. We will see what happens in Ipoh on Friday,” he said.

“If he fails, the IGP will have to explain why he and his men failed to do so,” he said.

IGP Khalid had cited a “middle path” solution to custodial dispute following a conflict in the orders from the civil High Court and Syariah High Court, and he proposed that the child be placed in a welfare home until the dispute is resolved.

Interfaith custody battles have been a thorn in Malaysian society and the cabinet in 2009 issued an order disallowing unilateral conversion by a single converted parent.