DAP lawmaker M Kulasegaran has criticised inspector-general of police Khalid Abu Bakar for not locating and arresting a Muslim convert who is embroiled in a custody battle with his ex-wife, as directed by the Federal Court.

This is after K Pathmanathan, now known as Mohd Ridhuan Abdullah, failed to show up in court with the couple’s daughter Prasana Diksa.

Kulasegaran, who is representing the ex-wife M Indira Gandhi, said he sent two letters to Khalid - the first two months ago, and the second last month - to execute the order.

"However, there has been no reply from the IGP. If I as an MP and a lawyer received this fate, what more the public?" he asked after the proceedings.

Earlier, Chief Judge of Malaya Zulkefli Ahmad Makinudin, who is leading the five-member bench, asked if Ridhuan was present.

When Ridhuan's lawyer Hatem Musa said his client was not in the courtroom, Justice Zulkefli inquired about the apex court's order last April, which the police have yet to execute.

Justice Zulkefli told the court that he was concerned over the matter of the police not being able to execute the order.

"We do not want the people to say the court is not concerned as we want to know. So the warrant of arrest remains unexecuted, and with all the enforcement you (police) cannot trace," he asked.

To this, senior federal counsel Shamsul Bolhassan told the court they believed Ridhuan is in the country.

Police cannot refuse court order

It was reported last April, when deciding on the custody issue, the Federal Court ordered for a warrant of arrest to be issued against Ridhuan and Court of Appeal president Justice Md Raus Sharif in his written judgment said police and the IGP cannot refuse the court order for the execution of warrant of committal.

In ordering Khalid to arrest Ridhuan, to face justice, Justice Md Raus said the police under Section 20 (3) of the Police Act 1967 have a duty that included apprehending all persons who he is, by law, authorised to apprehend and execute summonses, subpoenas, warrants, commitments and other processes lawfully issued by any competent authority,” among others.

“In this light, we are of the view that (based) on the facts and circumstances of this case, the IGP cannot refuse to command his officers to execute the warrant of committal issued by the civil High Court,” the top judge said in also ordering the Ipoh High Court to monitor the situation.

Kulasegaran also told reporters that he had raised this issue of the IGP not responding to him in Parliament but to no avail.

“I have also tweeted to the IGP but he did not reply,” he said.

"I am not only a lawyer but also an MP acting for Indira who is in my constituency. The minimum courtesy is for the IGP to answer to the request as Ridhuan is in Malaysia. What is it taking so long to catch this fugitive," he asked. 

Kulasegaran told reporters in the April decision, the apex court had ordered the Ipoh High Court to keep a close eye on the execution of the committal order on Ridhuan and the order to the police to arrest him.

“I will follow up again if not in January or earlier with the Ipoh High Court,” he said.

It was reported that Ridhuan converted to Islam in March 2009, and three weeks later took Prasana when she was 11 months old. Now the girl is seven years old and her mother Indira Gandhi has not seen her for almost seven years.