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- File picture shows M. Indira Gandhi (left) with her lawyer M. Kulasegaran. — Picture …
PUTRAJAYA, Sept 10 — The Court of Appeal struck out today Muslim convert Mohd Ridzuan Abdullah’s bid to appeal a court order that will send him to jail unless he returns the couple’s child to his Hindu ex-wife M. Indira Gandhi.
In delivering the unanimous decision, Justice Datuk Balia Yusof Haji Wah pointed out that Mohd Ridzuan was in contempt of court for refusing to obey the Ipoh High Court’s recovery order and return the child.
“It is trite law that a contemptor shouldn’t be heard until he purges his contempt,” said Balia, who chaired the three-man panel.
Citing the legal principle that the courts cannot hear matters brought by someone found in contempt, Balia noted that Mohd Ridzuan had failed to absolve himself by returning the child, despite being given ample time by the High Court to do so.
“At the same time, it is our view that public interest also demands that respect of the law must be maintained,” he said.
Indira was separated from her daughter Prasana Diksa five years ago after her ex-husband Mohd Ridzuan took the toddler away in April 2009.
After Indira won full custody of her three children in the Ipoh High Court in 2010 and a recovery order for Mohd Ridzuan to return Prasana Diksa, the same court on May 30 cited him for contempt and issued a warrant to arrest him unless he gave up the child.
Earlier today, the judges heard arguments from both sides on whether Mohd Ridzuan’s appeal of the recovery order should be struck out.
Mohd Ridzuan’s lawyer, Anas Fauzi, argued that his client should be allowed to appeal due to a “change of circumstances”, where Prasana was then 11 months old when she was taken away by her father but is now aged six.
But this prompted Justice Datuk Mah Weng Kwai to question Anas sternly if he meant that Mohd Ridzuan should be allowed the “benefit of his disobedience” of the May 30 court order ordering his client’s imprisonment until he returns the child.
Earlier today, Indira’s counsel, Aston Paiva, argued that her ex-husband’s appeal must be struck out for the “administration of justice” to prevail, also saying that allowing court orders to be “wilfully disregarded” would be “contrary to public interest”.
With the court’s decision today allowing Indira to strike out her ex-husband’s appeal, Balia said the two other applications before the appellate court will have to “fall flat”.
These two applications that were rendered academic are Mohd Ridzuan’s request for an extension of time to file the record of appeal after missing the deadline; and the request by the Attorney-General and Inspector-General of Police to be made intervenors or parties to Mohd Ridzuan’s appeal against the recovery order and committal order or order for his arrest until he clears his contempt.
Mohd Ridzuan had previously exhausted all avenues to appeal against the High Court’s child custody order in favour of Indira.
During court proceedings today, Mohd Ridzuan was not present in court despite the judges noting that he was required to show up.
Anas told the judges that he had phoned his client this morning, whom he said was aware of today’s proceedings but “chose not to come”.
Anas said he last saw Mohd Ridzuan on May 31, who claimed to be in Kota Baru now, adding that he could only advise and not force his client to appear in court.
Justice Dr Badariah Sahamid also sat on the Court of Appeal panel hearing this case, while lawyers Goh Siu Lin and New Sin Yew held watching briefs for women NGOs and the Bar Council, respectively.
Prasana is now with Mohd Ridzuan, while her two older siblings are with Indira, who has also managed to get the Ipoh High Court to quash Mohd Ridzuan’s unilateral conversion of the three children to become Muslims.
