PUTRAJAYA: The Court of Appeal quashed an Ipoh High Court order compelling the Inspector-General of Police to arrest Muslim convert Mohd Ridzuan Abdullah and return his youngest daughter to his former wife M. Indira Gandhi.
The three-man bench chaired by Datuk Abdul Aziz Abdul Rahim, gave a 2-1 decision that the Ipoh High Court erred when it issued the mandamus order against Tan Sri Khalid Abu Bakar on Sept 12.
Abdul Aziz, whose judgment concurred with panel member Datuk Ahmadi Asnawi, ruled that such an order should only be issued for enforcement of private rights such as in civil contracts.
He noted that the IGP's duty is to enforce public rights which does not include private rights between individuals.
Bench member Datuk Tengku Maimun Tuan Mat dissented and ruled that the Ipoh High Court had not erred in issuing the mandamus order against Khalid.
The Ipoh High Court on Sept 12 allowed an application by kindergarten teacher Indira to compel Khalid, as the head of the country's police force, to carry out the court orders issued in June.
The first order was for police to arrest Mohd Ridzuan for contempt of court for non-compliance of an order in 2010 granting Indira custody and control of the couple's three children - Tevy Darsiny, 17, Karan Dinish, 16, and Prasana Diksa, 6.
The second order was for the retrieval of Prasana, who has been been with Ridzuan since 2009, and to hand her over to Indira.
The Court of Appeal stayed the mandamus order on Sept 25 pending Khalid's appeal against the Ipoh High Court ruling.
It was reported that Ridzuan had also converted the three children to Islam. However Indira succeeded in having the Ipoh High Court quash the conversion certificates in May last year.
In a separate matter, the same panel today also unanimously affirmed a Seremban High Court granting of custody of Muslim convert Izwan Abdullah's two children to his former spouse S. Deepa.
The bench dismissed Izwan's appeal against the April 7 Seremban High Court order giving Deepa custody of V. Shamila, 9, and V. Mithran, 6.
Izwan, formerly named N. Viran, married Deepa on March 19, 2003. However, he converted to Islam on Nov 26, 2012, and later converted the two children.
The Seremban Syariah High Court also gave Izwan custody of Shamila and Mithran, whose Muslim names are Nur Nabila Izwan and Nabil Izwan.
He was reported to have taken away Nabil on April 9.
ends