Indira fails to get IGP to execute court order

 

M Indira Gandhi, the Hindu mother who is embroiled in an interfaith custodial battle with her convert ex-husband, has failed to get the Court of Appeal in Putrajaya to order inspector-general of police Khalid Abu Bakar to recover her child.

The three-member appellate court panel today delivered a 2-1 majority decision in favour of Khalid in his appeal against the mandamus order issued by Ipoh High Court three months ago.

The mandamus order is to compel the police chief to retrieve the child and arrest the errant husband.

Both justices Abdul Aziz Abd Rahman and Ahmadi Asnawi allowed Khalid's appeal, while Justice Tengku Maimun Tuan Mat dissented.

According to judge Tengku Maimun, the High Court did not err in issuing the mandamus order.

In delivering the ruling, the Court of Appeal questioned whether the mandamus order issued by High Court in Ipoh was exercised in a proper manner, since the custody battle of Indira (right) was just a "private and personal right" and the general principle of mandamus order is that it should be issued for public good.

'Not of public importance at large'

"This is private and personal right of one party against the other, and not of public importance at large," Justice Abdul Aziz ruled,

He said a mandamus order cannot be used in a civil dispute to compel the IGP to execute a court order. Therefore, the IGP has the discretion not to execute it.

The court said Indira has not exhausted her avenue to get back her child, as the court bailiffs were available to assist her.

Indira’s lawyer M Kulasegaran then questioned how the court baliff could help Indira get their daughter back without the authority to help her.

Kulasegaran said Indira had to resort to a mandamus order as she failed to locate her daughter Prasana Diksa.

Prasana was taken away by her Muslim convert father K Pathmanathan @ Mohamad Ridhuan Abdullah since 2009, when she was just 11 months old, after he had converted to Islam. She is now six years old.

Although Ridhuan obtained custody of Prasana and his other two children, the Ipoh Syariah High Court did not issue any order for the police to retrieve the other children.

The two older children are now living with the mother.

On Sept 12, the High Court in Ipoh issued a mandamus order to compel Khalid to arrest Muhammad Ridhuan (left) and return their six-year-old daughter to Indira.

Khalid, who claimed he was caught between two equally valid orders issued by the Syariah High Court and civil High Court, appealed against the recovery order.

"Though I expected such judgment, I am very dissapointed," Indira told the media outside the courtroom.

"I don't know what to do. How am I supposed to find my daughter?" the helpless mother, who almost broke into tears, said.

She said she needs police help to retracting her daughter.

Kulasegaran said he would advise Indira to file an appeal with the Federal Court.