KUALA LUMPUR: Kindergarten teacher M Indira Gandhi may have only “a remote chance” of successfully suing the Inspector-General of Police over the failure of the police force to locate her daughter who was taken away by her ex-husband 10 years ago.
The suit was bound to fail as the government may have sufficient evidence to rebut her claim, says lawyer R Kengadharan.
Instead, she should put pressure on the police to help locate her daughter, Prasana Diksa, who is said to be with her ex-husband, Muhammad Riduan Abdullah, whose whereabouts are still unknown.
“The chances of being successful against the IGP and the government are remote,” he told FMT.
Earlier this week, Indira’s supporters said they would file a suit claiming RM100 million in damages if the police failed to explain why Prasana Diksa could not be located and reunited with her.
Kengadharan said the government would attempt to strike out the suit for being frivolous and filed out of time. An action on criminal defamation might also be initiated if a malicious attack is mounted on the IGP, Abdul Hamid Bador.
Hamid had said this week that police were working for a “win-win solution” so as to protect the child’s welfare, and that the police had been working on the matter, but did not announce details to the media because the issue is sensitive.
“But I will work towards solving the case, towards a happy ending. That is my guarantee. I will not allow this case to go unsolved,” he had said.
The Federal Court has awarded Indira custody of her three children, including Prasana Diksa, who was 11 months old when Ridhuan took her away shortly after he converted to Islam.
Kengadharan said it had been more than three years since the court ordered the IGP to arrest Ridhuan.
He said the Public Authorities Protection Act 1948 states that a litigant has only a three-year period to bring the government to court. “However, it will be interesting to see whether the continuous inaction on the part of the police could circumvent this limitation period.” - FMT
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