The Federal Court today ordered the 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 Ridhuan.
He remitted the case back to the Ipoh High Court for the High Court judge to monitor executing the warrant of committal against Muhammad Ridhuan.
Justice Raus said Muhammad Ridhuan had wilfully disobeyed the court order and he still refused to hand over eight-year-old Prasana Diksa to Indira Gandhi.
He said Muhammad Ridhuan defended his action when he was found guilty of disobeying the custody order and appealed to the Federal Court, adding that when his appeal was struck out he disappeared with Prasana Diksa.
Justice Raus, however, said the High Court should not have granted a mandamus order to compel the IGP to execute the recovery order to locate Muhammad Riduan and retrieve the child and return to the child's mother.
Presiding on the panel today were only four judges including Raus - Federal Court judges Datuk Azahar Mohamed, Datuk Zaharah Ibrahim and Datuk Aziah Ali as Justice Tan Sri Abdull Hamid Embong has retired.
The hearing of the appeal was heard by that panel in August last year and they had reserved their decision.
On Dec 17, 2014, the Court of Appeal overturned the Ipoh High Court decision and held that the IGP could not be compelled to recover Prasana Diksa or arrest her father.
In a majority 2-1 Court of Appeal judgement, the panel chairman Justice Datuk Abdul Aziz Abd Rahim ruled that the IGP had the discretion not to enforce the mandamus order as it was not of public nature.
The Ipoh Syariah High Court had on Sept 29, 2009, granted custody of the couple's three children - Tevin Darsiny, 19, Karan Dinish, 18, and Prasana Diksa - to the father who had converted to Islam, and the Ipoh High Court on March 11, 2010, gave custody of the children to Indira Gandhi with once-a-week access given to the father.
On May 30, 2014, the Ipoh High Court cited Muhammad Ridhuan for contempt and issued a warrant of arrest for him after he failed to adhere to a High Court order 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.
Bernama
Fri Apr 29 2016
Muhammad Ridhuan had previously defended his action of disobeying the custody order. - File Photo
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.
Couple and associate charged with trafficking 51.9 kg of meth
A married couple and a man were charged in the Magistrate's Court here today with trafficking 51.974 kilogrammes of Methamphetamine.
PDRM to consult AGC in completing Teoh Beng Hock investigation
The police may seek new testimony from existing witnesses for additional insights into the investigation of Teoh Beng Hock's death.
Thai court rejects petition over ex-PM Thaksin's political influence
Thailand's Constitutional Court rejects a petition seeking to stop Thaksin Shinawatra from interfering in the running the Pheu Thai party.
Abidin takes oath of office as Sungai Bakap assemblyman
The State Assemblyman for Sungai Bakap, Abidin Ismail, was sworn in today at the State Assembly building, Lebuh Light.
UPNM cadet officer charged with injuring junior, stomping on him with spike boots
A cadet officer at UPNM pleaded not guilty to a charge of injuring his junior by stomping on the victim's stomach with spike boots.
How Indian billionaire Gautam Adani's alleged bribery scheme took off and unraveled
The indictment was unsealed on Nov. 20, prompting a $27 billion plunge in Adani Group companies' market value.
Elon Musk blasts Australia's planned ban on social media for children
Several countries have already vowed to curb social media use by children through legislation, but Australia's policy could become one of the most stringent.