Home > News > Nation
Saturday July 26, 2014 MYT 12:00:00 AM
Saturday July 26, 2014 MYT 9:06:11 AM
by manjit kaur
IPOH: The High Court here has granted leave for a mandamus order filed by kindergarten teacher M. Indira Gandhi (pic) to compel Inspector-General of Police Tan Sri Khalid Abu Bakar to obey a court order to arrest her Muslim convert ex-husband, and to help her find her youngest child.
Justice Lee Swee Seng also gave leave to prohibit or restrain any Syariah court order from being carried out. He set Sept 12 for the inter parte hearing.
On May 30, Justice Lee issued a warrant of arrest against Mohd Ridzuan Abdullah for contempt of court after he repeatedly failed to hand over six-year-old Prasana Diksa to her mother.
Indira’s decision to take the country’s top cop to court comes after his insistence on taking the middle path in cases where the disputing parties had obtained separate orders from the civil and Syariah courts.
Justice Lee, when reading out his judgment, said there must be some material before the court to show that the application was not frivolous.
He said the applicant had referred to Section 20(3)(f) of the Police Act, where the police had more than just the power to execute warrants, and other process lawfully issued by a competent authority, but more importantly, the duty to do so.
As the IGP had declared that he would not be executing his power and discharging his duty based on his understanding that there are two conflicting orders, a substantive case is to be heard on the substantial merits.
“This is to decide whether or not a order for mandamus should be issued,” he added.
As for the order to prohibit the implementation of the Syariah court order, Justice Lee said it was the flip side of the same coin.
“I am also satisfied that the requirement for this stage has been met,” he added.
Tags / Keywords:
Courts Crime, leave granted to indira for a mandamus order against IGP
Journalist fails to set aside subpoena compelling her to testify
Police refute Facebook posting over rape attempt
Penang duo plead guilty to verbally abusing wheel-clamping officer
IGP orders arrest of Twitter user over seditious post
New date fixed for case of mechanic charged in Morais’ murder
Tanjung Bungah rep Teh won't quit DAP, will keep voicing out on enviromental issues
Police record Nurul Izzah’s statement on photo with Jacel Kiram
Farmer dies after homemade gun misfires
MyEG denies using third-party agents to handle worker permit renewals
Protestors tell Lim to quit CM post
Eight experiences you can’t miss when in Australia
Alibaba throws a wrench in web fundraising wars
Air Asia free seat promotion begins today
Dressed up to take on the universe
Copyright © 1995-2015 Star Media Group Berhad (ROC 10894D)(Formerly known as Star Publications (Malaysia) Berhad)