Courts must take strict action against non-compliance of orders

[superadmin]

A FEW days ago, online news portals carried news of a mother of three who lost her kids to an absconding husband.

Earlier in January, the Federal Court affirmed the quashing of the unilateral conversion of 5 children by the Court of Appeal when it refused to grant leave to the Selangor Islamic Religious Council (Mais) to appeal.

In 2018, the Federal Court delivered a landmark ruling in the case of Indira Gandhi Mutho v Perak Islamic Department director & Ors that the consent of both parents of a civil marriage must be obtained before a Certificate of Conversion to Islam can be issued in respect of the child.

A common fact in all these cases was that there was non-compliance of court orders either by parties to the suit or by government agencies.

Article 126 of the federal constitution reads, “The Federal Court, the Court of Appeal or a high court shall have power to punish any contempt of itself”.

Arduousness in executing an order passed by the court, no matter how serious its consequences may be, is no excuse for non-compliance.

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