GEORGE TOWN: Hindraf and Gerakan say that the Inspector-General of Police by ignoring the abduction of a six- year- old boy from his mother is encouraging citizens to take the law into their own hands
Hindraf chairman P Waythamoorthy alleged that IGP Khalid Abu Bakar had encouraged citizens to take the law into their own hands by washing his hands off the issue.
He was referring to the abduction of Mithran by his father Izwan Viran Abdullah, 31, from his mother S Deepa, 30, in Jelebu, Negeri Sembilan on Wednesday morning.
“This condones lawlessness in the country,” warned Waythamoorthy in a statement to FMT here today.
Gerakan national human rights and legal bureau chief Baljit Singh slammed Khalid for acting as “investigators, judges and executioners” in the abduction case.
The Seremban High Court had on Monday granted the children’s custody to Deepa.Deepa lodged a police report on the same day at the Jelebu police headquarters.
IGP Khalid has advised Deepa and Izwan to settle their problem privately.
“There are two court orders – civil and syariah. In this case it is best if the two can settle their problem,” said Khalid.
By suggesting for the estranged couple to settle their differences privately, Waythamoorty said the top cop in the country was sending the wrong signals and evading police duty.
He said Khalid should own up to his responsibilities under the Constitution and law as criminal act was against the state.
“Police should investigate and take the correct action on the abductor.
“The mother needs protection from law enforcement officers to enforce her civil rights,” said the human rights leader.
Baljit reminded that the police duty was to immediately investigate into a police report without prejudice and handover their findings to the Attorney-General Chambers for further action.
He said it would be then up to the AG Chambers, not for the police, to decide on whether to charge Iswan or not.
Based on Deepa’s report, he said her ex-husband had illegally taken away the son and caused injuries to her.
He pointed out that the civil court ruling on the custody rights awarded to Deepa came with full knowledge of syariah court order given to Iswan.
Thus, he said the civil court custody order overruled the syariah order.
“Deepa has a case.
“Iswan had allegedly committed crime and defied the superior civil court order.
“Police should probe it and should not wash their hands.Police should remain as investigators only,” insisted Baljit.
Waythamoorty said the IGP had blatantly ignored Article 8 of the Federal Constitution, which stipulated that all citizens were equal before the law and were entitled to equal protection of the law.
He said Article 8 pointed out that clear intention of the country’s forefathers, who drafted the Federal Constitution, was that all citizens were entitled for equality of the law under civil jurisdiction.
“By deliberately playing dumb, the IGP is pro-actively encouraging citizens to take the law into the own hands.
“If the ex-husband is encouraged by the top law enforcement officer, then he condones lawlessness as the ex-wife can do the same thing,” said Wathamoorthy.
Both Waythamoorthy and Baljit however, raised doubts on police impartiality in upholding the law if the Hindu mother was the abductor.
They believe that if scenario was reversed, there would be an immediate arrest of Deepa.
They said she would be detained and remanded, charged for abduction and denied bail.
“The custody rights over the children would be given by default to the Muslim convert husband,” alleged Waythamoorthy and Baljit, both lawyers .
Waythamoorthy pointed out since Deepa’s wedding was a civil marriage, the custody dispute should be determined by the civil courts, which it did in this case.
He stressed non-Muslims were not subjected Muslim laws while all citizens were subjected to civil laws.
“But the IGP allows himself to be a tool of Muslim extreme laws, which do not govern the law of this land,” alleged Waythamoorthy.
He recalled that in 2009, then Minister in the Prime Minister’s Department Nazri Aziz announced that the government would ban the unilateral child conversion of aged below 18 to Islam.
In 2013, Nazri against spoke out against a proposed law to defeat the decision made by the Cabinet in 2009. He said he would always stand by on the ban on unilateral conversion.
