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Thursday, September 25, 2014

Court grants top cop stay in arrest of Muslim convert

The Court of Appeal today granted Inspector-General of Police Tan Sri Khalid Abu Bakar (pic) an interparte stay against a high court order for him to arrest a Muslim convert and return his daughter to his Hindu ex-wife.
Court of Appeal President Tan Sri Mohd Raus Sharif, chairing a three-member panel allowed Khalid's application for an interparte stay order, pending disposal of his appeal over the high court decision.
Raus, who presided together with Court of Appeal judges Datuk Zaharah Ibrahim and Datuk Abdul Aziz Abdul Rahim set Oct 30 to hear Khalid's appeal against the high court's decision.
On September 12, the High Court in Ipoh, Perak, allowed a judicial review brought by M. Indira Gandhi for a mandamus order to compel Khalid to arrest her ex-husband, Muhammad Ridhuan Abdullah and return their six-year-old daughter, Prasana Diksa to her.
But, on September 17, Khalid obtained an interim (temporary) stay order from a Court of Appeal single judge Datuk Aziah Ali against the high court's decision, pending hearing of the interparte stay application which was fixed for today.
Meanwhile, the same panel has dismissed Indira Gandhi's application to set aside the interim stay order obtained by Khalid.
Lawyer Aston Paiva, representing Indira Gandhi, agreed to have an early hearing date fixed but he objected to the stay application.
In 2009, the shariah court in Ipoh had given Ridhuan, who was formerly known as K. Pathmanathan,  the custody of the three children, Tevin  Darsiny,  17, Karan Dinish,  16, and Prasana, 6, after he unilaterally converted them to Islam.
In 2010, the High Court in Ipoh granted Indira Gandhi full custody of all three children and Muhammad Ridhuan was ordered to return Prasana Diksa to the mother.
On May 30, the Ipoh High Court cited Muhammad Ridhuan for contempt and issued a warrant of arrest against him after he repeatedly failed to hand over Prasana Diksa to the mother.
Indira Gandhi had also obtained a recovery order from the high court to compel the police to locate Muhammad Ridhuan.
She then filed the judicial review seeking the mandamus order, following Khalid's insistence on taking the middle path in cases where disputing parties had obtained separate orders from the civil and shariah courts.
On September 10, the Court of Appeal struck out Muhammad Ridhuan's appeal against the contempt order and recovery order after ruling that the court could not hear his appeal as he did not "purge his contempt" for disobeying the court order for him to return his daughter to Indira Gandhi.
Senior federal counsel Noor Hisham Ismail and Suzana Atan appeared for Khalid.
- TMI

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