IPOH - The High Court here has granted leave for a mandamus order filed by kindergarten teacher M. Indira Gandhi to compel Inspector-General of Police Tan Sri Khalid Abu Bakar to obey a court order to arrest her Muslim convert ex-husband, and to help her find her youngest child.
Justice Lee Swee Seng also gave leave to prohibit or restrain any Syariah court order from being carried out. He set Sept 12 for the inter parte hearing.
On May 30, Justice Lee issued a warrant of arrest against Mohd Ridzuan Abdullah for contempt of court after he repeatedly failed to hand over six-year-old Prasana Diksa to her mother.
Indira's decision to take the country's top cop to court comes after his insistence on taking the middle path in cases where the disputing parties had obtained separate orders from the civil and Syariah courts.
Justice Lee, when reading out his judgment, said there must be some material before the court to show that the application was not frivolous.
He said the applicant had referred to Section 20(3)(f) of the Police Act, where the police had more than just the power to execute warrants, and other process lawfully issued by a competent authority, but more importantly, the duty to do so.
As the IGP had declared that he would not be executing his power and discharging his duty based on his understanding that there are two conflicting orders, a substantive case is to be heard on the substantial merits.
"This is to decide whether or not a order for mandamus should be issued," he added.
As for the order to prohibit the implementation of the Syariah court order, Justice Lee said it was the flip side of the same coin.
"I am also satisfied that the requirement for this stage has been met," he added.