Home Civil Society Voices Respect separation of powers: Enforce Federal Court pronouncement in Indira Gandhi case...

Respect separation of powers: Enforce Federal Court pronouncement in Indira Gandhi case without delay

Image: themalaysianinsider.com

Join us on Telegram and Instagram for the latest.

The Malaysian Bar is concerned that the case concerning Indira Gandhi and her daughter has yet to meet a resolution, more than 10 years since it began.

The case has once again arisen in the media, in light of revelations by the inspector general of police stating: “I know where he (Indira’s ex-husband) is, so come forward and let’s resolve this, and he can remain in the country where the children will receive complete education. Don’t hide anymore.”

The case concerned the unilateral conversion of three children, who were the product of a civil law marriage, by their father, Muhammad Riduan Abdullah, then a newlyconverted Muslim – without the knowledge or consent of Indira Gandhi, the non-converting parent.

The Federal Court had in 2018 unanimously ruled that the unilateral conversion of the three children was null and void, holding that the consent of both parents was needed to convert a minor.

Controversy still surrounds the status of the youngest child, Prasana Diksa, who was reported to have been abducted by Muhammad Riduan Abdullah. It is also reported that Indira Gandhi has not had any contact with either her daughter, or her ex-husband. It is in view of these facts that the revelations by the inspector general are startling and warrant immediate action.

It is not for the police in such cases to mediate between the enforcement of the decision of the Federal Court and the parties of the case or to strive for a “win-win” outcome to the case.

It is imperative, within our constitutional scheme, that the various branches of government, and the agencies that constitute these branches, comply and act in accordance with the pronouncements of such court orders.

The separation of powers is designed to be a system of checks and balances. Any act, on the part of any officer, contrary to the pronouncements of the decision of the court, would create chaos and discord in society.

The Malaysian Bar therefore calls on the inspector general to carry out and enforce the pronouncement of the Federal Court in 2018 and to pursue the immediate return of Prasana Diksa to her mother.

Abdul Fareed Abdul Gafoor is president of the Malaysian Bar

This piece dated 3 February 2020 is reproduced from here and has been edited for style only.

Thanks for dropping by! The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

Our voluntary writers work hard to keep these articles free for all to read. But we do need funds to support our struggle for Justice, Freedom and Solidarity. To maintain our editorial independence, we do not carry any advertisements; nor do we accept funding from dubious sources. If everyone reading this was to make a donation, our fundraising target for the year would be achieved within a week. So please consider making a donation to Persatuan Aliran Kesedaran Negara, CIMB Bank account number 8004240948.
Notify of
1 Comment
Oldest Most Voted
Inline Feedbacks
View all comments
Would love your thoughts, please comment.x