Indira Gandhi loses suit against IGP, govt

Judicial Commissioner (JC) Datuk Raja Ahmad Mohzanuddin Shah Raja Mohzan ruled that based on the evidence given to him, the efforts made by the then IGP Tan Sri Abdul Hamid Bador and PDRM were not indicative of any neglect of their duties.

"Having all that evidence before me and coupled with the fact that for the plaintiff to succeed in the tort of nonfeasance, the plaintiff still must demonstrate the existence of malice or bad faith. It is impossible for me to conclude that the IGP and PDRM did not attempt to locate the whereabouts of her ex-husband Muhammad Riduan Abdullah.

"I conclude that the IGP and PDRM exercised their duties in the manner they considered to be most appropriate. How they conducted their investigation is within their wide discretion, and I am in no position to second-guess them.

"Essentially, what matters to me is that there is evidence that an investigation has been conducted and is still in progress," said the JC.

JC Raja Ahmad Mohzanuddin said that neither the IGP nor PDRM have any ill intentions in this matter.

"Given the nature and circumstances surrounding this dispute, I made no order regarding costs," he added.

Also named as a defendant is the Home Ministry.

In the suit filed on Oct 28, 2020, Indira Gandhi claimed 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 16, to her.

In 2009, Indira Gandhi's ex-husband, Muhammad Riduan Abdullah unilaterally converted his three children to Islam without 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.

Prasana Diksa was taken away by Muhammad Riduan when she was 11 months old, shortly after he converted to Islam.

In 2010, the Ipoh High Court granted full custody of the children to Indira Gandhi and 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.

Indira claimed all the defendants had a role to play in making decisions or ordering PDRM to execute the committal warrant against Muhammad Riduan Abdullah as ordered by the Federal Court on April 29, 2016.

She contended that the behaviour of the defendants had directly caused her separation from her youngest daughter.