The Federal Court’s grim but timely reminder to the IGP – Gurdial Singh Nijar

Source: Malaysiakini

BY GURDIAL SINGH NIJAR
(DEPUTY PRESIDENT, HAKAM)

It is indeed a matter of regret – but entirely appropriate – for the Federal Court to remind the inspector-general of police (IGP) of his obligation under the Police Act to carry out any direction issued by a court. Because of his failure to do so, the Federal Court issued a mandamus ordering him to comply. A mandamus is issued to compel a public officer to carry out his public duty.

Since December 2014 the IGP refused to arrest a person who had thumbed his nose at the Ipoh High Court’s order to deliver his daughter to the mother, M Indira Gandhi.

The duty of the IGP was clear. He had to execute the order against the recalcitrant husband because he had wilfully disobeyed the court order and was consequently found guilty of contempt by the Ipoh High Court.

The order was clear. The IGP was directed to arrest the husband even though there was another order relating to custody of the child by the Syariah court. Read more