'Najib shirks responsibility in custody cases'
By telling the families involved in interfaith child custody cases to use the Federal Court to resolve them, Prime Minister Najib Abdul Razak has negated his responsibility to provide justice to Malaysians, DAP said today.
DAP secretary-general Lim Guan Eng said Najib was an uncaring prime minister if he expected other institutions not directly under his command to tackle this issue, as well as that of the rising number of deaths in police custody.
By telling the families involved in interfaith child custody cases to use the Federal Court to resolve them, Prime Minister Najib Abdul Razak has negated his responsibility to provide justice to Malaysians, DAP said today.
DAP secretary-general Lim Guan Eng ( left ) said Najib was an uncaring prime minister if he expected other institutions not directly under his command to tackle this issue, as well as that of the rising number of deaths in police custody.
"What is the point of the PM referring interfaith child custody cases to the Federal Court for resolution if both the home minister and inspector-general of police prefer to politicise the issue by refusing to comply with civil court orders?" Lim asked in a press statement.
"The question is not about the Federal Court giving priority to these sad interfaith custodial cases but whether the BN federal government respects natural justice - or practices injustice by giving the right to either one parent to conduct unilateral conversion of their children merely on the strength that he or she has converted to Islam."
The Court of Appeal last month dismissed the application of Muslim convert N Viran (Izwan Abdullah) to set aside the Seremban High Court decision giving his former wife S Deepa, a Hindu, custody of their two children.
In another case, M Indira Gandhi obtained a High Court order in Ipoh early this year to cite her former husband K Patmanathan for contempt of court for failing to hand over their youngest child, six-year-old Prasana Diksa, to her.
Separating mother and child is cruel
"Unless evidence can be shown of the mother’s incapacity to take care of the children, separating the mother from underaged children merely on the basis of her religious status is unacceptable and cruel," argued Lim, who is also Penang chief minister.
"Unfortunately no proper consideration has been given to the genuineness of the father’s conversion to Islam as a matter of faith or a mere device to exact revenge against the mother and gain custody of the children."
Due to divergent verdicts given by the civil and syariah courts, IGP Khalid Abu Bakar said on Tuesday that he had decided on a "middle path" and suggested the children be put in a childcare centre.
Despite criticism from lawyers, parliamentarians and human rights defenders, Khalid maintained his decision, with his boss, Home Minister Ahmad Zahid Hamidi also declining to take a stand .
"Have they, and even the prime minister, forgotten their oath of office to preserve, protect and defend the Federal Constitution?" Lim asked.
He also noted that with the death of Agin Raj in police custody in Penang a few days ago, there were now seven deaths in police lock-up in Penang this year, and 10 nationwide.
"Blaming the police custodial deaths on the health of the victim is not only an abdication of responsibility but also indicates that custodial deaths will only persist, continuing this inhuman cruelty and sorrow to many helpless families.
"Clearly, the IGP has shown himself to be incapable of carrying out his duties and should resign," Lim said.
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