Who’s going to arrest the IGP - his police?
YOURSAY ‘He committed an unlawful act in not complying to a court order.’
Ex-IGP: Police must comply with court order
Gerard Lourdesamy:
The civil High Court granted custody to the mother and quashed their unilateral conversions by the father because it did not comply with the provisions of the Perak State Islamic Enactments.
The father's appeal to the civil Court of Appeal was struck out and the Federal Court refused to grant leave.
The civil High Court also quashed the Syariah High Court custody order as it was given in excess of jurisdiction in violation of the Federal Constitution, the Law Reform Marriage and Divorce Act, the Guardianship of Infants Act and the Perak State Islamic Enactments.
There has been no stay of this order by the civil High Court or the civil Court of Appeal. Therefore, the only valid and enforceable order that remains is that of the civil High Court and the police must obey the order or the IGP (inspector-general of police) can be cited for contempt and committed to prison.
If the police still refuse to act, the mother has no choice but to hire mercenaries to locate and forcibly take her children away from the father.
Magnus: Based on the facts of the case as explained here succinctly by Gerard Lourdesamy, perhaps the grey area left that is potentially frying the IGP's grey matter lurks in the fact that the remaining legal order is from the High Court and so I suspect the validity of the legal authority contained in that High Court order has been called into some question in the IGP's mind.
Perhaps that confusion is because judicial powers vested in 1957 in the judiciary through the high courts was amended after the 1988 constitutional crisis to divest the high courts of those judicial powers for key functions so they served the unprincipled self-serving/preservation interests of some instead of the national interest.
Perhaps this IGP suspects he has been left to carry the unresolved still-rotting 1988 can of worms on the horns of a dilemma caught unfairly between the devil and the deep sea, and so he may have decided to take his somewhat Solomon-like middle path stubborn approach to save/hang himself.
Wandering Star: Ex-IGP Musa Hassan, any educated person knows that. This IGP has committed an unlawful act in not complying with a court order. How is the higher authority going to deal with this recalcitrant?
There is no question whenever he was placed in a difficult situation, whether he likes it or not, it was his job to perform his duty.
If for his own reason he refused, he must resign. The trouble is if you are a loyal Umno apple polisher, you will get away scot-free.
MinahBulat: Musa, your suggestion to have the matter settled amicably with the police as the arbitrator is wrong. That is not the job of the police.
There is a court order and it is for the police to enforce the order. This middle path in not respecting the civil court order, which is as good as saying that the syariah court order has equal weight.
This is wrong, and the IGP should be cited for contempt but again who is going to enforce it, his police? The chief justice must speak out and not hiding in his chambers.
Casey: The principle behind the oft-quoted aphorism of Lord Hewart CJ - "that justice should not only be done, but should manifestly and undoubtedly be seen to be done" - is often, and sadly, not to be in the administration of justice in this country.
Abasir: So if I defied a court summons, I too can site the police as an example and not obey the law? What kind of example is the police force setting?
Indira's lawyer says PM's advice disappointing
Vijay47: The stand of the recalcitrant IGP in refusing to carry out the order of the High Court has nothing to do with a level or position of that court.
He is not saying that a high court decision is not authoritative enough, he is saying that he is caught by what the syariah court had also decided.
Khalid Abu Bakar, the question of being caught by two possibly conflicting orders does not arise. As IGP, your mission, and you have no choice but to accept it, is to "retrieve" (what a terrible word) the child and return her to the mother.
And as for you, PM Najib Razak, you are far from the Solomon you aspire to be. You are the prime minister and your first function is to ensure that the civil laws are properly carried out.
If you and the IGP wish to place that much weight on the demands of the syariah court, then just resign your posts and join the ulama.
What would you advise, Mr PM, if the Federal Court decides in favour of the mother? Ask for the matter to be resolved at The Hague?
Anonymous_3e06: Najib cannot saying anything better than this because he will ruffing the feathers of Home Minister Ahmad Zahid Hamidi and the police. He needs them both.
You trample on one, you trample on the other. That is how intertwined they are.
Casey: "All the great things are simple, and many can be expressed in a single word: freedom, justice, honour, duty, mercy, hope," said Winston Churchill.
But Najib and Zahid neither observe nor exhibit any of these attributes. And leaders who are not doing justice, or seen to be doing justice are unworthy leaders.
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