KUALA LUMPUR: Kindergarten teacher M. Indira Gandhi’s lawsuit against the Inspector-General of Police (IGP) and the government for allegedly failing to arrest her ex-husband and return her daughter, who was abducted by him, will be heard on Feb 6.
Senior federal counsel Andi Razalijaya A. Dadi, representing the defendants, said the trial, over four days, would be heard before Judicial Commissioner Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan in the High Court.
Also named as defendants are the Royal Malaysia Police (PDRM) and the Home Ministry.
In the suit filed on Oct 28, 2020, Indira Gandhi, 46, claimed the IGP had deliberately and negligently disregarded a mandamus order issued by the Federal Court in failing to investigate or take appropriate action to return her daughter, Prasana Diksa, who is now 15, to her.
On July 16, 2021, the High Court dismissed the application by the defendants to strike out the suit and that decision was upheld by the Court of Appeal on Sept 7 last year.
Indira claimed all the defendants had a role to play in making decisions or ordering PDRM to execute the committal warrant against Muhammad Riduan as ordered by the Federal Court on April 29, 2016.
She contended that the behaviour of the defendants had directly caused her separation from her youngest daughter until today, Bernama reported.
In 2009, Muhammad Riduan had unilaterally converted his three children to Islam without his ex-wife’s consent before going to the Syariah Court to obtain custody of the children but in 2016, the Federal Court affirmed the mandamus order issued by the High Court directing the police and the appellants to apprehend Muhammad Riduan and retrieve Prasana Diksa.
In 2018, the apex court ruled that the unilateral conversion of the three children null and void.
The Ipoh High Court in 2010 granted full custody of the children to Indira Gandhi.
Prasana Diksa was 11 months old when Muhammad Riduan took her away.
