The Inspector-General of Police (IGP) and three others have filed an application seeking to strike out M Indira Gandhi’s suit over the police’s alleged failure to arrest her Muslim convert ex-husband and recover their daughter Prasana Diksa.
The IGP, the police, the Home Ministry and the government filed the striking-out bid at the High Court in Kuala Lumpur and served the cause papers on kindergarten teacher Indira today.
Indira’s counsel Rajesh Nagarajan confirmed that the four defendants filed the striking-out application.
“The defendants claim that there is an ongoing monitoring at the High Court in Ipoh, as such the civil suit (by Indira) ought to be struck out,” Rajesh said after case management of the suit before the Kuala Lumpur High Court today.
Indira is suing the defendants over the police’s alleged failure to track down Muhammad Riduan Abdullah, arrest him and recover Prasana from him.
Prasana was an infant when her father Riduan, previously named K Pathmanathan, reportedly took her away in 2009 after converting to Islam.
Riduan and Indira were later engaged in a tightly-watched interfaith custody battle after he unilaterally converted Prasana and their two other children to Islam.
According to Indira's lawsuit, the IGP allegedly failed to abide by two orders of the High Court in Ipoh, which were issued on May 30, 2014.
The first order was a committal order for Riduan to be jailed for failing to return Prasana to Indira.
The second one was a recovery order for the Royal Malaysian Police and the court bailiff to retrieve Prasana from Riduan and return her to Indira.
Indira claimed that the IGP has committed a tort of nonfeasance in public office by failing to arrest Riduan and recover Prasana.
The plaintiff is seeking declarations that the IGP has committed a tort of nonfeasance in public office and that the other three defendants are vicariously liable for the first defendant’s (IGP’s) tort of nonfeasance.
Indira is also seeking general, aggravated and exemplary damages, interest, costs and any other order deemed fit by the court.
The suit is set for further case management before the High Court in Kuala Lumpur on Feb 19.