Inspector-general of police Khalid Abu Bakar must abide by the Federal Court’s ruling on the interfaith custody tussle, MCA leader Ti Lian Ker said today.
“The IGP must not shirk responsibility by claiming that he is conflicted between the custody order of the syariah court and the apex court,” Ti said in a media statement.
He said the child’s mother, M Indira Gandhi, has been separated from her daughter for close to eight years while her ex-husband, who converted to Islam, has repeatedly been in contempt of the High Court order.
This morning, the Federal Court allowed Indira's appeal to reinstate the mandamus order issued by the High Court in Ipoh compelling the police chief to execute the warrant of committal against Indira’s former husband, K Pathmanathan@Mohd Ridhuan Abdullah.
The apex court found the committal order against Ridhuan to be justified as he had failed to bring their child, Prasana Diksa, to the jurisdiction of the court.
Ti said Ridhuan basically had “stuck his third finger at the judiciary”.
“If the IGP does not act on the judgment, the police, the very authority whom we trust for enforcement and upholding the law, will be perceived as shirking the law,” he added.
'Law breakdown if no action taken'
The MCA religious harmony bureau chief warned that if no action was taken, a breakdown of law and order could be expected as the people would know they could getaway with daylight abduction.
“People contravening the judicial decisions, like Ridhuan, will be emboldened to continue to break the law, knowing that their actions will be condoned by the IGP,” Ti said.
Gerakan Youth deputy chief Andy Yong also welcomed the Federal Court decision, saying it affirmed that only the civil court has jurisdiction over custody cases in a civil marriage, even if one party later converts to Islam.
“That is to say, it is only when the syariah court pronounces Islamic divorce on an Islamic marriage, then it can make orders on custody. The Federal Constitution clearly spells out that the syariah court only has jurisdiction over Muslims.
“As such, there interests of all parties are safeguarded and hopefully, this long-standing chapter of interfaith custody can now be closed,” he said.
Yong said the decision also meant that the controversial Article 121 (1A) of the Federal Constitution, which gives the impression that both the civil and syariah courts have equal but separate powers and seems to suggest both the courts’ orders are valid, is now settled.
