YOURSAY ‘We just cannot allow the police to be a law unto itself, as it is now.’
Ipoh court orders cops to find Indira's daughter
Gerard Lourdesamy: The police do not interpret the law. They merely apply and follow it.
The civil High Court is a superior court of record with unlimited jurisdiction that binds Muslims and non-Muslims alike in all matters that are not within the jurisdiction of the Syariah Court.
The Syariah Court has no jurisdiction to dissolve a civil marriage between non-Muslims that was contracted when both parties were still non-Muslim. Arising therefrom the Syariah Court cannot determine issues of maintenance and custody from the dissolution of a civil marriage.
The Syariah Court has no jurisdiction over a non-Muslim. It is not for the police to place the children into the care of the state unless either parent is incapable of taking care of the children or if the state makes an application in the High Court for such an order.
Until then the police must comply with the High Court order or be found to be in contempt of court.
Aries46: This seem to be evolving into a battle of wits between the High Court and the Umno puppet inspector-general of police (IGP) who continue to defy the court judgments despite the barrage of condemnation from law-abiding citizens.
The IGP stands accused of dereliction of duty and contempt of court that hopefully the judge would summon and deal with.
Blaming the Syariah Court decision for his defiance of the civil court order is a lame excuse and untenable for the simple reason that Indira Gandhi's and S Deepa's marriages were solemnised under civil law provisions and has to be ended in the civil courts.
As neither the marriages nor the births of the children were constituted under Muslim laws, the Syariah Court has transgressed into a purely non-Muslim civil matter using the secret unilateral conversions of the minor children to grant custody.
The IGP's defiant actions merely adds fuel to this issue, turning it into a race and religion quagmire as he thumps his nose at the desperate heart-broken mothers.
Azhar: Kudos to Ipoh High Court justice Lee Swee Seng. This is what justice is all about. You are indeed a rare breed given today's environment where people of authority lack conviction and the courage to stand by their conviction, the facts and the truth.
However, you may have to pay the price for it; no promotions and titles for you. Only God Almighty can reward you.
Religion is being hijacked. It is being used by fugitives to abscond from their responsibilities and to punish innocent victims. Thank you, for lifting the veil of ignorance and breaking down the wall of sheer arrogance.
Rolling Thunder: IGP Khalid Abu Bakar, you are supposed to enforce and follow the laws and not break them.
But in this case, you are setting a bad example for your subordinates and ‘rakyat jelata’ to follow.
No wonder there are more and more law breakers in the country. Firm action has to be taken against you. Nothing less will do. ‘Jangan main-main’ (don’t play play).
Ronald: This is a ridiculous state of affairs in the country. We just cannot allow the police to be a law unto itself, as it is now.
It makes a total mockery of justice in Malaysia. No wonder, the people can't wait for a change of government.
Waktamnoko: Who is going to arrest Khalid? What if he appeals to a higher court? Or is the judgment of the High Court the final judgement? If he appeals and if it is within his right to do so, don't you think that this matter will drag on for years?
Fair Play: Waktamnoko, are you serious? An IGP appealing against a court order compelling him to perform his duty in upholding the law?
Nobody is above the law, including the PM. If you are, only the Almighty could save the nation.
Ferdtan: One point many had missed is the role of the lawyer of the erring father, K Pathmanathan @ Mohd Ridhuan Abdullah - if he is still his lawyer.
As a lawyer, he should insist on his client to follow the law, accepted or not, otherwise he has failed his duty to discharge his legal duties.
As usual in most cases, if his client refused to listen to him then the only proper thing to do is to discharge himself as his legal representative. A lawyer cannot stand in the way of a court order, rightly or wrongly.
Wiser: What is our PM doing? He must make a stand on this rather than keeping quiet as a mouse on issues of national interest. Both PM and PDRM are both ignoring the court judgment.
Who is going to arrest the IGP for ignoring a court directive?
Adsertor: I am glad the High Court has finally exerted its authority over the police. The police and even the Home Ministry and the government should be answerable to the judiciary in matters of justice.
Spartacus: I don't think IGP understand civil High Court is superior to the syariah High Court.
The IGP has his own interpretation of law and act as he is above the law. Is the police going to arrest the High Court judge for ignoring Khalid’s middle path proposal and for contempt of the IGP?
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