PETALING JAYA: Kindergarten teacher M Indira Gandhi has filed a lawsuit at the Kuala Lumpur High Court against the inspector-general of police (IGP) and government over their alleged inaction in executing a warrant of committal to arrest her former husband, Muhammad Riduan Abdullah, and return their daughter to her.
Riduan had absconded with their youngest daughter, Prasana Diksa, in 2009.
In her statement of claim, Indira said the IGP had committed tort of misfeasance in public office when he “knowingly and/or recklessly disregarded the mandamus order from the Federal Court”.
The court had in 2016 instructed the nation’s top cop to execute the warrant of committal against Riduan after he was found guilty of contempt by refusing to hand over Prasana Diksa.
It said the Ipoh High Court judge would monitor the progress of the execution.
“The IGP, as a person holding public office, has misconducted himself by failing to exercise the powers which were conferred on him for the benefit of the public or a section of the public,” Indira said in her statement of claim.
“The conduct by the IGP and the other defendants (the police, government and home minister) have directly or indirectly enabled Pathmanathan (Riduan’s name before his conversion to Islam) to evade capture.”
She also said that current IGP Abdul Hamid Bador told the media early this year he knew where Riduan was and was “working on a happy ending” for her.
“His statement made it clear that he has not proceeded to arrest Pathmanathan and hand Prasana Diksa back to me despite being aware of Pathmanathan’s location,” she said.
Indira is seeking damages and a declaration that the IGP had committed tort of nonfeasance in public office.
Indira Gandhi Action Team (INGAT) spokesman Arun Doraisamy told reporters that Indira’s lawsuit was “not about the money”.
“It is not just about Indira, but the rule of law which everyone needs to obey,” he said.
He also explained the delay in filing the lawsuit against the IGP, after the team announced its intention to do so in January.
“We tried our best to get the IGP to meet and tell INGAT and Indira his plans in executing the court order and subsequently look for Prasana Diksa.
“We were supposed to meet him on Sept 3 but he could not be present, and when we tried to rescheduled the meeting to Sept 6, there was no response from his office.
“Thus, we took it as he had no interest to meet us.”
Indira’s lawyer, Rajesh Nagarajan, told reporters they will appear before Ipoh High Court judicial commissioner Bhupindar Singh on Dec 17.
“This is a case management for the police and the Attorney-General’s Chambers to update the court, in line with the Federal Court’s 2016 ruling, on the progress of the warrant of committal,” he said.