Tan Sri Khalid Abu Bakar
PUTRAJAYA: The Federal Court here today ordered Inspector-General of Police to arrest Muslim convert Muhammad Ridhuan Abdullah for defying a High Court order for him to hand over his youngest daughter to his ex-wife.
The five-man bench chaired by Court of Appeal president Tan Sri Md Raus Sharif had allowed kindergarten teacher M. Indira Gandhi’s appeal to reinstate the mandamus order issued by the Ipoh High Court compelling the IGP to execute the warrant of committal against Muhammad Riduan.
“The chronology of events in this case showed that Pathmanathan has no respect for the court’s order. He had willingly submitted himself to the jurisdiction of the civil court and due process was accorded to him, but when the case did not turn out in his favour, he decided to ignore the court’s order.” said Justice Raus.
He said that kind of conduct cannot be condoned as administration of justice would be brought into disrepute if the court’s order was wilfully disobeyed.
Muhammad Ridhuan, 47, was formerly known as K. Pathmanathan prior to his conversion.
In his 19-paged judgement, Justice Raus said it was the court’s view that Muhammad Riduan must be apprehended to face justice.
He said in order to arrest Muhammad Riduan, the warrant of committal needed to be executed and the police was the proper authority to do so.
Justice Raus said the IGP cannot refuse to command his officers to execute the warrant of committal issued by the Civil High Court as the police officers’ general duties as stated in Section 20 (3) of the Police Act 1967 included execution of warrants which also covers warrants of committal issued by the court resulting from a contempt proceeding.
“Thus, when the IGP declared his intention not to execute the said warrant of committal (against Muhammad Riduan) an order of mandamus can be issued against him,” said Justice Raus.
Justice Raus consequently remitted the case to the High Court in Ipoh for the High Court judge there to monitor the progress of the execution of the warrant of committal Muhammad Riduan.
The custody tussle between Indira Gandhi and Muhammad Riduan started after Muhammad Riduan converted to Muslim and he subsequently obtained a Syariah High Court order on Sept 29, 2009 for custody of the couple’s three children Tevin Darsiny, 18, Karan Dinish, 17, Prasana Diksa while the Ipoh High Court gave custody of the children to Indira Gandhi on March 11, 2010.
On May 30, 2014, the Ipoh High Court cited Muhammad Ridhuan for contempt and issued a warrant of arrest against him after he failed to adhere to a High Court order to hand over Prasana Diksa to the mother. The Court also issued a recovery order to compel the police to locate Muhammad Riduan. – Bernama