Indira claimed that the IGP had knowingly, recklessly and maliciously failed to take all necessary steps to apprehend Muhammad Riduan and retrieve Prasana.
M Indira Ghandi, a Hindu mother whose daughter was snatched away from her by her Muslim convert ex-husband, has filed an application to demand answers from the Inspector-General of Police (IGP).
Indira is seeking for the IGP to answer 48 questions concerning the investigation of her ex-husband, on the failure to arrest him as well as on the whereabouts of her 13-year-old missing child, Prasana Diksa.
In the application filed via Messrs Raj & Sach, yesterday, Indira is seeking for the IGP to reply to the questions through an affidavit.
The application is in relation to Indira’s suit against the IGP, the Royal Malaysian Police (PDRM), the Home Ministry, and the government over failure to locate and return her daughter.
Indira’s counsel, Rajesh Nagarajan, when contacted said case management of the suit has been fixed for Jan 14 before High Court deputy registrar Idamasliza Maarof via e-Review.
Indira’s former husband, K Pathmanathan, now known as Muhammad Riduan Abdullah, took Prasana away 12 years ago, when she was 11-months old, shortly after he converted to Islam.
Muhammad Riduan had in 2009, unilaterally converted their three children to Islam without Indira’s consent before going to the Syariah Court to obtain custody rights for the children.
On Oct 28, last year, Indira filed the suit claiming that the IGP, who was named as the first defendant, was negligent and had disregarded the mandamus order from the Federal Court and failed to investigate or take necessary actions to return Prasana to her.
She claimed that the IGP had knowingly, recklessly and maliciously failed to take all necessary steps to apprehend Muhammad Riduan and retrieve Prasana.
Indira, who is a kindergarten teacher, also claimed that the other defendants, namely the PDRM, the Home Ministry and the government, were vicariously liable for the first defendant’s act of nonfeasance.
She claimed to have suffered pain and anxiety as a result of her constant worry over the safety and wellbeing of Prasana and claims general damages in lieu.
Indira is also claiming for exemplary damages against all the defendants for failing to enforce committal, recovery, and mandamus order.
On Jan 31, last year, IGP Tan Sri Abdul Hamid Bador revealed that the police had information on Muhammad Riduan’s whereabouts and had urged the latter to come forward.
On Jan 29, 2018, the Federal Court ruled that the unilateral conversion of their three children by Muhammad Riduan as null and void.
In a 99-page judgment read out by Federal Court judge Tan Sri Zainun Ali, the court ruled that the consent of both parents was needed to convert a minor. – NST