IPOH, Aug 5 — The High Court today rejected Indira Gandhi’s leave application to begin contempt proceedings against the Inspector-General of Police (IGP) for failing to recover her abducted daughter Prasana Diksa.
Judicial Commissioner Bhupindar Singh made the decision after hearing submissions from both parties here this morning.
“The leave application filed by the applicant on September 7, 2021 is denied without any order as to cost,” he said briefly.
Indira was represented by lawyer L. Pavitra while federal counsel Mankiranjit Kaur represented the IGP.
The mother of three told reporters outside the courtroom that the decision was disappointing but added that she had expected it.
“As everyone knows, the case has been dragging on without any solution and this is very disappointing.
“And yes, we are definitely taking this to the Court of Appeal and see how it goes. I have been waiting too long and I think I have the right to see my daughter,” she said.
Pavitra confirmed with reporters that an appeal against the High Court decision will be filed today.
Indira was accompanied by her older daughter Tevi Darsiny and the Indira Gandhi Action Team chairman Arun Dorasamy.
Arun also expressed his disappointment with the court decision and frustration at the police for failing to reunite Indira and her youngest child.
“How long will this mother have to continue with this case? It’s sad we are not getting cooperation with the police.
“We have exhausted everything and there was even a special task force set up by the former IGP to locate Prasana, but we don’t know if the task force still exists.
“What else should we do and where else should we go?” Arun added.
On May 30, 2014, the High Court issued a mandamus order compelling the police to search for, retrieve and reunite Prasana with her mother who last saw her when she was 18 months’ old.
The mandamus also compelled the police to enforce a committal order to arrest and commit Indira’s ex-husband, K. Pathmanathan, who now known by the Muslim name Muhammad Riduan Abdullah, to prison, which is still pending to date.
Indira then filed contempt proceedings as the police had failed to comply with the mandamus order issued to recover Prasana.
The contempt proceeding was also filed as police failed to file an affidavit every month together with copies of investigation reports.
Indira then filed a leave application to begin contempt proceedings against the IGP and his subordinates for their failure to recover Prasana.
Separately, Indira also filed a RM100 million civil suit against the IGP, the police and the government at the Kuala Lumpur High Court after the authorities failed recover Prasana.
Muhammad Ridhuan had taken the couple’s daughter, Prasana, in 2009 when she was just 11 months old shortly after converting to Islam.
Muhammad Riduan had also converted their three children to Islam without Indira’s knowledge.
After a protracted court battle, the Federal Court ruled in January 2018 that the unilateral conversions of Indira’s children were unlawful.
However, the police have yet to recover Prasana and return her to Indira despite the decision and a previous mandamus order she secured compelling the inspector-general of police to execute the recovery.