The Federal Court has granted leave to M Indira Ghandi to hear whether the police can be compelled to execute a court order to retrieve her child.

In an unanimous decision, the apex court gave the kindergarten teacher the permission to hear a question of law posed by her on Inspector-General of Police Khalid Abu Bakar ( right ) and the police.

The court also dismissed Indira's former husband K Pathmanathan @ Ridhuan Abdullah leave application on his right to be heard because he has ‎yet to purge his contempt for not returning their daughter Prasana Diksa since 2009.

In Ridhuan's case, the apex court ordered him to pay RM10,000 costs for the dismissal as the apex court found that Ridhuan did not fulfil the requirements under Section 96 of the Courts of Judicature Act 1964 in not filing his appeal on time, and failing to get an extension.

Chief Judge of Malaya Zulkefli Ah‎mad Makinuddin led the five-member bench.

The others are Justices Abdull Hamid Embong, Suriyadi Halim Omar ( left ), Ahmad Ma'arop and Zaharah Ibrahim.

It was previously reported last year that the Court of Appeal decided that the IGP and police could not be compelled to execute the recovery order.

Indira was represented by lawyers Aston Paiva and M Kulasegaran, while senior federal counsel Suzana Atan appeared for the IGP and police.

Lawyer Anas Fauzi appeared for Pathmanathan.

The single question posed by Indira Gandhi covered all nine questions which were posed earlier before the panel. The question was:

  • Whether an order of mandamus can be directed to compel the IGP to comply and direct the police officers under him, to execute a warrant of committal and a recovery order under the Child Act 2001, where such orders had not been reversed or set aside. 
This is when the IGP had demonstrated a refusal to execute or to command the execution of the said warrant and recovery order.

Prasana seized

 

Pathmanathan @ Ridhuan embraced Islam and seized Prasana Diksa, who was then 11 months old, from her mother in 2009.

 

In March 2010, the Ipoh High Court granted custody of the toddler to Indira Gandhi.

 

At the same time, Pathmanathan @ Ridhuan ( left ) was granted custody by the Syariah High Court, in a duality of court systems.

 

The couple has two older children who are staying with Indira Gandhi.

 

On Sept 12 , the High Court in Ipoh issued a mandamus order to compel Khalid to arrest Ridhuan and return their youngest daughter to Indira.

 

Khalid claimed he was caught between two equally valid orders issued by the Syariah High Court and civil High Court, and appealed against the recovery order.

 

Besides Indira Gandhi's case, there is still an ongoing inter-faith custody battle involving S Deepa and N Viran from Negeri Sembilan.

There was also the S Shamala and Dr M Jeyaganesh case where Shamala took her two children and left the country after her husband embraced Islam.