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Saturday, June 14, 2014

'Custody cases show police chief unfit for duty'


Inspector-General of Police (IGP) Khalid Abu Bakar's refusal to execute court orders relating to recent interfaith custody cases shows he is unfit for his position, said DAP.

"The refusal of the IGP to comply with civil court orders is clearly a breach of statutory duty that has exposed Khalid Abu Bakar as completely unfit for such a high an important position," said DAP secretary-general Lim Guan Eng in a statement today following a press conference.

Lim (left) said Khalid has forgotten one of the police duties under Section 20 of the Police Act 1967 is to execute any orders of summons, subpoenas, warrants, etc, legally issued by the courts.

He also slammed Prime Minister Najib Razak’s only comment on the heated controversy by saying that such cases be referred to the Federal Court for resolution.

"(Najib in saying so) fails to address, correct and punish such open contempt of courts and defiance of the IGP’s statutory duty," said Lim, who is also Penang chief minister.

He said DAP has instructed all DAP Wanita and Youth state committees to lodge police reports against the IGP for being in "contempt of the federal constitution" and for failure to enforce court decisions in the custody cases.

DAP national legal bureau chief and Puchong MP Gobind Singh Deo and DAP national vice-chair and Ipoh Barat MP M Kulasegaran have prepared the template for the police reports, he said.

"Gobind Singh Deo will kick off the filing of the nationwide series of police reports by DAP  tomorrow in Kuala Lumpur," he added.

Kulasegaran (above, with Indira) is also the counsel for one of the custody cases, where M Indira Gandhi had successfully obtained an Ipoh High Court order granting her custody of her daughter following a legal tussle with her Muslim convert ex-husband.

The court also specifically mentioned in the judgement that the High Court supercedes the Syariah Court, and this has implications on the other case involving S Deepa.

Deepa was also granted custody of her children with the judge ruling that the earlier Syariah Court order granting custody to the Muslim father was not valid as the marriage was conducted under civil law, prior to the father's conversion, and thus was a matter for the civil court to decide.

Despite the court rulings, the IGP has refused to enforce the orders claiming he was "sandwiched" between the civil and syariah court systems.

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