We received an ex parte order in the interfaith issue of Indira Gandhi staying the mandamus order issued by the High Court on 12-9-2014. An ex parte order is an order granted on the request of and for the benefit of one party only. Enclosed please find a copy of the order dated 17thSeptember 2014
Last Friday the Ipoh High Court granted a mandamus order against the IGP who has openly said he will not execute a Recovery Order and a Warrant for Committal issued by the High Court on 30-5-2014. On the same day the Attorney General Chambers had asked for a stay of the said order but it was refused by the court. The decision of Justice Lee Swee Seng was courageous, bold and full of conviction.
The AG Chambers have now obtained an ex-parte stay order from a single Judge of the Court of Appeal. Although the AG is entitled to make such an application, there is utterly no urgency nor any prejudice to the IGP. The IGP merely had to arrest Indira Gandhi’s ex-husband and commit him to prison. Something which he, as a policeman, is duty bound to do.
Indira Gandhi has her solicitors, Messrs Kula & Associates, and it would have only been fair for the AG to serve all papers on us and to have the matter heard before a panel of 3 Judges in open court.
Its trite law that both parties in the case ought to be heard. Justice must not only be done but must be seen to be done. The AG’s decision to move the court and obtain an ex parte order is only going delay matters while causing serious prejudice to the welfare of Prasana Diksa and Indira Gandhi and create a great disservice to the administration of justice. Had the Court heard us, it might have come to the conclusion that the application was baseless. The AG must convince Malaysians that ex-parte applications such as these are being made for the interest of the public and not for any ulterior motive.
I have just informed Indira Gandhi about this ex-parte order and she was distraught, hurt and upset. She has never seen her daughter for the last 5 years since being abducted by her ex-husband who has found to be in contempt of court. The refusal by the IGP to arrest this man is only giving aid to his continuing act of contempt. The administration of justice is being brought to disrepute.
I have promised her our team of lawyers will immediately mount a challenge to set aside the ex-parte order. It is not going to be easy. To challenge the country’s top policeman, the IGP, and the Government’s number one lawyer, the AG, is going to be an uphill task. But persevere we will for we have faith that justice in accordance with the law and as administered by our Judges will prevail.