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Friday, May 30, 2014

Recovery order yet to be enforced on Izwan


It has now been eight days since the Seremban High Court gave the recovery order to the police in the S Deepa case to return her six-year-old son from the hands of converted father, Izwan Abdullah.

Izwan snatched the six-year-old, two days' after the High Court gave custody of their children to Deepa with the deadline set Thursday noon, but nothing has happened so far.

Deepa's solicitor Joanne Leong when contacted said the Seremban High Court had issued the recovery order on May 21.

“We have given a copy of the order to the Bukit Aman police on May 23. The police indicated that they need to consult with the Attorney-General's Chambers.

“However, till today they have yet to make a decision on the matter on whether they will render assistance to enforce the order,” she told Malaysiakini.

Deepa's counsel, K Shanmuga (left) also hopes that attorney-general Abdul Gani Patail will advise the police that they should follow the civil High Court order, especially since the recovery order came under Section 53 of the Child Act 2001.

“This is specifically for the police to assist in recovering the child,” he said.

Under that section it is stipulated that police may enter any premises in order to search for the child and use reasonable force if necessary.

That section further states that any person who intentionally obstructs the conviction stands to face an imprisonment term of up to three years and liable to six strokes of the rotan.

Shanmuga also confirmed that a contempt application has yet to be filed against Viran.

Stay of recovery order refused

On Thursday, it was reported that the Women's Aid Organisation had criticised the police for not enforcing the recovery order and seemed to be dragging their feet.

The Court of Appeal had on Tuesday refused to grant a stay of the Seremban High Court recovery order, as the panel found there were no special circumstances to do so.

On April 7, last year, Seremban High Court judge Zabariah Mohd Yusof accorded custody to Deepa, but two days later Izwan, his original name being N Viran, had taken his son from the mother's home in Jelebu.

Unlike yesterday’s Ipoh High Court decision, where Justice Lee Swee Seng, declared the custody order by the Syariah High Court given to a converted father K Pathmanathan @ Muhammad Ridhuan Abdullah as null and void as the civil court is superior to the Syariah court, the Seremban court did not hand down such orders.

This has resulted in conflicting jurisdiction as Irwan has a Syariah High Court order granting him custody.

The Seremban High Court, despite giving custody of the children to Deepa, has also ordered that their conversion remains.

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