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Wednesday, April 22, 2015

Federal Court allows teacher to appeal against top cop to locate daughter

Kindergarten teacher  M. Indira Gandhi  is seeking the court to order the inspector-general of police to rerturn her daughter from her ex-husband. – The Malaysian Insider pic by Nazir Sufari, April 22, 2015.Kindergarten teacher M. Indira Gandhi is seeking the court to order the inspector-general of police to rerturn her daughter from her ex-husband. – The Malaysian Insider pic by Nazir Sufari, April 22, 2015.
The Federal Court today allowed kindergarten teacher M. Indira Gandhi to challenge the Court of Appeal ruling last December allowing the inspector-general of police (IGP) to set aside a High Court order to arrest her former husband and locate her daughter.
The decision was announced by Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin who presided over a five-man panel this morning. The other judges were: Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar, Tan Sri Ahmad Haji Maarop and Datuk Zaharah Ibrahim.
Last December, Indira failed to compel the IGP, Tan Sri Khalid Abu Bakar, to arrest her former husband, Muhammad Riduan Abdullah, for running away with their youngest daughter Prasana Diksa, despite a High Court order granting her custody.
Judge Datuk Abdul Aziz Abdul Rahim, in allowing the appeal by Khalid and Attorney-General Tan Sri Abdul Gani Patail, said the court could not give effect to the order in a private dispute.
He said Indira could only enlist the assistance of court bailiff to locate the husband in order to get back the child.
The same panel of judges today also rejected Muhammad Riduan's leave application against a Court of Appeal ruling which struck out his appeal on grounds that he was found in contempt of court for refusing to hand Prasana to Indira.
The court also ordered him to pay RM10,000 in costs to Indira.
Indira's lawyer, M. Kulasegaran, said that he hoped to have a full panel of seven judges to convene and hear the merits of the case later.
He said Khalid should take the responsibility and implement the court order to arrest Indira's ex-husband and locate her child.
Meanwhile, Indira hoped that to finally be able to meet her daughter, who was taken away by Riduan at the age of 11 months.
She said she missed Prasana who recently turned seven on April 8.
"I hope she'll be back," she said.
On September 12, High Court judge Lee Swee Seng allowed a judicial review by Indira for the order to force Khalid to arrest Riduan and return Prasana to her.
In 2009, the Shariah Court in Ipoh granted Riduan, formerly known as K. Pathmanathan, the custody of his three children, Tevin Darsiny, 17, Karan Dinish, 16, and Prasana Diksa, 6, after he unilaterally converted them to Islam.
The following year, the High Court in Ipoh granted Indira full custody of her three children and Riduan was ordered to return Prasana to Indira.
In July last year, Lee quashed the conversion of the children and ruled that the certificates of conversion were unconstitutional.
Lee had also cited Riduan for contempt and issued a warrant of arrest against him after he repeatedly failed to hand over Prasana to Indira.
Indira also obtained a recovery order and warrant of arrest against her ex-husband from the High Court to compel the police to locate Riduan.
The failure of the police to act resulted in her filing for a judicial review seeking the mandamus order, as Khalid was insistent that police would take the middle path in cases where disputing parties had obtained separate orders from the civil and shariah courts.
- TMI

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