18 December 2014 Press statement by MCA Syariah Law and Policy Implementation Special Task Force Secretary Loh Seng Kok Appeal Court 2-1 judgement in Indira Gandhi’s case may cause full defiance of civil court rulings MCA was one of the organisations which held a watching brief during the application for a committal order by Indira Gandhi against her ex-husband Riduan Abdullah. MCA leaders have spoken out against the Inspector General of Police for disregarding the mandamus order issued by the Ipoh High Court compelling IGP to recover Prasana Diksa and arrest Ridzuan. Hence we are disappointed with the majority judgement of the Court of Appeal which has set aside the said mandamus order. We fear this judgement may or will encourage other civil servants or individuals to disregard any rulings by the civil court on grounds that “the court views the IGP has discretion to enforce private rights in personal disputes” or that “the mandamus order should not have been issued to enforce private rights when it can only be issued to enforce public good” as ruled by the 2-1 decision. Hence, any definition of “enforcement of private rights” could be deemed as being determined arbitrarily by civil servants rather than the judiciary or as granted by the law. The majority judgement indirectly can cause civil servants or individuals to place themselves above the law. Appeal Court reiterates only civil court may dissolve marriages contracted by civil law Nevertheless we also laud the unanimous ruling by the same panel of Court of Appeal judges in S. Deepa’s case where they had dismissed the custody appeal by the convert husband Izwan Abdullah by ruling that the Syariah Court has no jurisdiction to dissolve a marriage solemnised under civil law as the Syariah Court can merely confirm the dissolution of a marriage due to a conversion, and that it is the civil court which has jurisdiction to grant custody. Meanwhile, we urge both convert fathers to have some decency and humanity to reunite the daughter and son with their respective mothers rather than using their very own flesh and blood in a tug-of-war battle to up the ante against their ex-wives. Refrain from dragging and involving your minor child in whatever disputes you have with your ex-spouse. A growing child needs nurturing and support from both mother and father, and not by one parent alone. After all, both mothers have said they allow their ex-husbands access and visitation rights as granted by the civil courts. Loh Seng Kok MCA Syariah Law and Policy Implementation Special Task Force Secretary /End
Posted on: Thu, 18 Dec 2014 14:10:59 +0000
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