Conversion: Court ruling sends wrong signal - MIC Youth

The Appeals Court’s ruling on Wednesday not to enforce a mandamus order on the Inspector General of Police, Datuk Seri Khalid Abu Bakar in a child custody case sends the wrong signal.

MIC youth leader C. Sivarraajh also argued that the court ruling would also set a bad precedent.

“It allows civil servants the leeway to use their discretion instead of just enforcing court orders. It sends the wrong signals to civil servants,” he said in a press statement.

Sivarraajh stressed that it would be impossible for M. Indira Gandhi to locate her child, Prasana Diksa, 6 without the police's assistance.

On Wednesday, the Appeals Court ruled that Khalid cannot be compelled to recover Prasana from Mohd Ridhuan who converted to Islam.

The Court ruled that mandamus order cannot be enforced in a civil dispute and said that even without the police, Indira can still hire a court bailiff to recover Prasana.

Earlier, MCA Syariah law and policy implementation special task force secretary Loh Seng Kok said the 2-1 decision can lead civil servants or individuals to place themselves above the law.

He cautioned that the ruling may set a dangerous precedent where others would start defying court order.

In Sept 2009, the Ipoh Syariah High Court had granted custody of Indira and Mohd Ridhuan Abdullah’s three children to the father but the Ipoh High Court in 2010 ruled in favour of Indira.

Mohd Ridhuan was then ordered to return Prasana Diksa to the mother and when he failed to do so, a warrant of arrest was issued against him.