IGP let off scot-free in custody case, say lawyers’ group

The Association of Women Lawyers has expressed concern over the Federal Court decision to clear the inspector-general of police of any blame for his refusal to execute a High Court order to locate a boy abducted by his Muslim convert father. Its president, Goh Siu Lin, said she was puzzled by the decision of the five-man bench which today ruled that it was the civil court which should decide the custody of children converted to Islam. “The legal principle is correct but the application of the facts in this case is questionable,” Goh told The Malaysian Insider. She had earlier followed the proceedings. Goh said she had expected a ruling that the IGP should have carried out the recovery order to locate Mithran after Izwan Abdullah abducted the boy from the lawful custody of the mother, S. Deepa. She said the bench clearly held that the Shariah Court only has jurisdiction in marriage and divorce when both parties were Muslims. “So it is wrong from the beginning for the religious court to issue a custody order which the High Court revoked later.” Deepa had on May 21, 2014 obtained a discovery order from the Seremban High Court to compel the IGP to locate and return Mithran to her. The IGP said he could not comply with the order because there were two conflicting custody orders. The Federal Court today allowed the IGP’s appeal. Goh said she was also taken aback when the bench decided to interview Mithran and the couple’s other child Sharmila just before delivery of judgment. “The lawyers were not informed and do not know if welfare officers were present when the judges interviewed the children in chambers.” Lawyer Joanne Leong Pooi Yaen, who was in the legal team representing Deepa, said the High Court judge in 2014 interviewed the children before her ruling. “She made a finding of fact in holding that Deepa should have custody of the children,” Leong said. Executive director of Women's Aid Organisation Sumitra Visvanathan said the court today did not make a ground-breaking decision but merely affirmed two previous apex court rulings. “Unfortunately, the bench did not address the issue of the ex-husband abducting Mithran from the legal custody of the mother.” She said Izwan did not respect the High Court order but instead took the law into his own hands. “It appears that the Federal Court has condoned his action and refusal of the IGP to act on the order of the High Court.” She said the ruling demonstrated that equality and protection for women was still a distant dream in Malaysia. “Today’s ruling also looks that the apex court had validated the custody order as the father gets to keep his son.” Lawyer Andrew Khoo, who held a watching brief for the Bar Council, said the bench had come to a compromise decision. “It made clear only the civil court could provide the remedy of a non-Muslim,” he said. Khoo said the ruling also was “guidance” to the religious courts to stay away from custody issue when a spouse converted to Islam and then proceeded to change the religion of the minor children. – February 10, 2016.