KUALA LUMPUR: The High Court has fixed four days, starting Feb 6 next year, to hear the suit filed by kindergarten teacher M. Indira Gandhi 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.
Senior federal counsel Andi Razalijaya A. Dadi, representing the defendants, when contacted said the trial, from Feb 6 to 9, would be before Judicial Commissioner Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan.
Also named as defendants in the suit are the police and the Home Ministry.
In the suit filed on Oct 28, 2020, Indira Gandhi, 46, alleged that 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 years old, to her.
On July 16, 2021, the High Court dismissed the application by the defendants to strike out the suit and the decision was upheld by the Court of Appeal on Sept 7 last year.
The woman claimed that all the defendants had a role to play in making decisions or ordering the 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 all the defendants had directly caused her separation from her youngest daughter to continue until today and that their behaviour had also caused Mohd Riduan to flee.
In 2009, Muhammad Riduan unilaterally converted his three children to Islam without his ex-wife M.Indira Gandhi's consent before going to the Syariah Court to obtain custody of the children, but in 2018 the Federal Court ruled the unilateral conversion of the three children as null and void.
The Ipoh High Court in 2010 granted full custody of the children to Indira Gandhi.
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 their youngest child, Prasana Diksa to be returned to Indira Gandhi.
Prasana Diksa was taken away by Muhammad Riduan when she was 11 months old, shortly after he converted to Islam. – BERNAMA
