The Ipoh High Court today granted permission for M Indira Gandhi to seek a prohibition order to block the Syariah Court in a controversial custody battle over religious conversion.
"The court gave (leave for) an order of prohibition to restrain or prohibit the execution of the Syariah Court order," said Ipoh Barat MP M Kulasegaran, who is acting as Indira's counsel in a statement today,
Indira in 2010 won custody of her daughter at the Ipoh High Court but has yet to be reunited with her five-year-old as her husband refused to comply with the order and police will not act.
Her husband Mohd Ridzuan Abdullah @ K. Pathmanaban, had converted the child to Islam without the mother's knowledge and obtained custody from the Syariah Court.
Police have refused to act, citing the High Court order granting custody to the mother and the Syariah Court order granting custody to the father.
The leave to seek a prohibition order was granted together with leave to seek a mandamus order against Inspector-General of Police Khalid Abu Bakar.
Kulasegaran said the mandamus order is to compel the IGP to execute an earlier warrant of arrest and recovery order issued by the court against Indira's husband.
He added that his legal team will persue the matter urgently.
'Landmark decision'
Describing today' decision as a landmark High Court decision, he said that it has far reaching consequences.
"To the best of our knowledge its the first of its kind against a IGP in any country in the world," he said. They were granted by Justice Lee Siew Seng.
In the judgment, Lee said: "As the IGP has declared that he would not be exercising his power and discharging his duty here based on his understanding that there are two conflicting orders from the Syariah Court and the Civil High Court...
"...there is a prima facie case to be heard on the substantial merit before deciding whether or not an order for mandamus should be issued."
He added the prohibition order against the SyariahCcourt order was also a "flip side of the same coin" and fulfilled the requirements for leave.
Kulasegaran urged Prime Minister Najib Abdul Razak to take note of today's judgment and urged Khalid to be suspended for failing to execute his duty.
"We want a speedy closure of this issue with the immediate arrest of the ex-husband and the child returned to the natural mother.
"Indira Gandhi and her other children are yearning for the last child. Their continuous agony and mental torture should end forthwith," he said.
"The court gave (leave for) an order of prohibition to restrain or prohibit the execution of the Syariah Court order," said Ipoh Barat MP M Kulasegaran, who is acting as Indira's counsel in a statement today,
Indira in 2010 won custody of her daughter at the Ipoh High Court but has yet to be reunited with her five-year-old as her husband refused to comply with the order and police will not act.Her husband Mohd Ridzuan Abdullah @ K. Pathmanaban, had converted the child to Islam without the mother's knowledge and obtained custody from the Syariah Court.
Police have refused to act, citing the High Court order granting custody to the mother and the Syariah Court order granting custody to the father.
The leave to seek a prohibition order was granted together with leave to seek a mandamus order against Inspector-General of Police Khalid Abu Bakar.
Kulasegaran said the mandamus order is to compel the IGP to execute an earlier warrant of arrest and recovery order issued by the court against Indira's husband.
He added that his legal team will persue the matter urgently.
'Landmark decision'
Describing today' decision as a landmark High Court decision, he said that it has far reaching consequences.
"To the best of our knowledge its the first of its kind against a IGP in any country in the world," he said. They were granted by Justice Lee Siew Seng.
In the judgment, Lee said: "As the IGP has declared that he would not be exercising his power and discharging his duty here based on his understanding that there are two conflicting orders from the Syariah Court and the Civil High Court...
"...there is a prima facie case to be heard on the substantial merit before deciding whether or not an order for mandamus should be issued."
He added the prohibition order against the SyariahCcourt order was also a "flip side of the same coin" and fulfilled the requirements for leave.
Kulasegaran urged Prime Minister Najib Abdul Razak to take note of today's judgment and urged Khalid to be suspended for failing to execute his duty.
"We want a speedy closure of this issue with the immediate arrest of the ex-husband and the child returned to the natural mother.
"Indira Gandhi and her other children are yearning for the last child. Their continuous agony and mental torture should end forthwith," he said.
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