M Indira Gandhi is suing Inspector-General of Police Abdul Hamid Bador for RM100 million over the failure to track down her missing daughter Prasana Diksa, snatched by her Muslim convert former husband more than 11 years ago.
Lawyers of the former kindergarten teacher and Indira Gandhi Action Team (Ingat) are expected to file the suit next month.
Ingat chairperson Arun Dorasamy said they are suing the IGP as he has failed to act on the 2014 Ipoh High Court’s mandamus order.
The order was for the IGP to enforce the arrest warrant against Indira’s former husband Muhammad Riduan Abdullah and the recovery order to retrieve Prasana.
“Basically, the police failed to follow the court order and they failed to act upon their responsibility to locate Prasana.
“He (Hamid) said Indira’s case is (a) top priority and he will return Prasana. We want the IGP to stop all this lip service,” Arun was quoted as saying.
In July last year, Hamid said police have doubled their efforts to find Prasana who was taken away by Riduan when she was only 11 months old in 2009.
“I can assure Malaysians that I am taking a personal interest in this. I want a happy ending to this episode.
“It’s very sad and touches the hearts of Malaysians. We are talking about a mother (separated) from her daughter.
“I have asked my men to double their effort. The team is working on something, but I cannot reveal what,” Hamid had said.
Arun said they will seek RM100 million in damages for emotional distress caused by police inaction to locate Prasana, among other grievances.
Arun explained that Indira is left with no other avenue but to sue the IGP, compelling him to respect the court orders as a means to resolve the matter.
“In this regard, we have no other avenue but to sue the IGP for contempt of court to compel him to take action and repatriate Madam Indira’s daughter, Prasana,” he was quoted as saying.
He also said the police had not provided any updates on the investigations thus far despite the formation of the special task force dedicated to tracing Riduan and Prasana.
Meanwhile, Indra’s lawyer Rajesh Nagarajan said the civil suit stems from the fact that there is a court order for the IGP to find Prasana, who would be 12 this year.
“The IGP has failed, refused or neglected to return the child. Therefore, he has failed to give effect to the court order.
“Therefore, we are filing a suit against the IGP for damages based on the grounds that he didn’t perform his duties,” he was quoted as saying.
Another lawyer on the team, Sachpreetraj Singh Sohanpal, said it has been more than a decade since Indira has been deprived of her child.
“She is claiming for the depression, anxiety and suffering that she had to endure all these years.
“From what we know, Indira has gone through a very long battle and is financially deprived.
“The whole point is to get her some compensation for what she has gone through.”