兴都妇女英迪拉入禀法庭,
起诉总警长拒助寻回女儿
发表于2020/10/28 1:00pm 更新于 2020/10/28 1:06 pm
全国总警长阿都哈密（Abdul Hamid，图左）与起诉人英迪拉（Indira Gandhi ，图右）
兴都妇女英迪拉（Indira Gandhi ）已入禀法庭，起诉全国总警长阿都哈密（Abdul Hamid），拒绝协助寻找前夫立都安（Riduan Abdullah）及失踪11年的女儿柏珊娜（Prasana Diksa）。
英迪拉的代表律师拉杰斯（Rajesh Nagarajan）告诉《当今大马》，他今早会透过电子系统，向吉隆坡高庭入禀此案。
兴讼为了寻求赔偿
拉杰斯也证实，英迪拉本次兴讼，是因为总警长没能执行庭令，逮捕立都安。
“这起诉讼是为了寻求赔偿，因为总警长特意拒绝找到英迪拉的前夫。”
9月3日，英迪拉行动小组因为总警阿都哈密答应会见，而取消原定的绝食行动。但阿都哈密最终却未现身，只派代表会见他们，并给了他们一个警员的电话号码，让他们跟进此案。
不过，英迪拉行动小组主席阿伦（Arun Doraisamy）日前控诉，他们后来试图向警方跟进案件进展，却整一个月都未获回应。因此，英迪拉决定要在11月21日展开苦行长征，从北马徒步350公里到布城，向国家元首及首相递交备忘录及信函陈情。
英迪拉寻女11年
英迪拉的前夫立都安（Riduan Abdullah）在2009年单方面擅自为3个孩子改信伊斯兰，随后强行抱走11个月大的幼女柏珊娜，从此消失无踪。
经漫长诉讼，联邦法院于2018年1月裁定，孩子改教需父母双方联合同意，进而否决了立都安为孩子改信的决定，同时下令时任总警长卡立缉拿立都安，惟警方多年来始终无法找到立都安及柏珊娜。
今年1月31日，阿都哈密声称自己知道立都安藏身之处，并促对方勿再躲藏，现身解决问题。惟阿都哈密也坚持，要为这宗争子案寻求圆满的解决方案。#
<人民之友>编者注：<当今大马>英文版的报道，有更多内容如下。敬请参阅！
Indira Gandhi files
lawsuit against IGP
By Hidir Reduan Abdul Rashid
Published 2020/10/28 11:31 amModified 1:57 pm
M Indira Gandhi has filed a civil suit against Inspector-General of Police (IGP) Abdul Hamid Bador over the latter’s purported refusal to locate her ex-husband Muhammad Riduan Abdullah.
Her counsel, Rajesh Nagarajan informed Malaysiakini that the suit had been filed via e-filing to the Kuala Lumpur High Court this morning.
Indira has been fighting to regain custody of her daughter Prasana Diksa, who had been taken by Riduan.
“It was done via e-filing,” Rajesh said when asked whether the writ of summons has been filed against the top cop this morning.
The lawyer confirmed that the suit was filed over the IGP’s alleged failure to enforce the court order to locate Riduan.
“Yes, (the suit is) seeking damages for the failure of the IGP to purposefully refuse to locate the ex-husband,” Rajesh (photo) said.
Indira had said she would be filing a civil suit against Abdul Hamid this week.
Back in January, the IGP revealed he knew the whereabouts of Indira’s former husband Riduan and urged him to surrender himself.
This was despite an arrest warrant from the Federal Court for Riduan, who had absconded with Prasana.
Prasana was an infant when her father Riduan, previously named K Pathmanathan, 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.
In 2014, the High Court in Ipoh ordered the police to retrieve Prasana from her father. In 2016, the Federal Court ordered the IGP to arrest Riduan.
In 2018, the Federal Court unanimously ruled that unilateral conversions of children were unlawful as such decisions needed permission from both parents.
The court also issued an arrest warrant for Riduan.
According to a copy of the lawsuit’s statement of claim which was made available to the media today, the listed defendants are the IGP (who is not named), the Royal Malaysian Police, the Ministry of Home Affairs, and the government of Malaysia.
It was alleged that the IGP failed to abide by two orders of the Ipoh High Court 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 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) tort of nonfeasance.
Indira also seeks general, aggravated, and exemplary damages, interest, costs, and any other order deemed fit by the court.
Meanwhile, at a related press conference at Petaling Jaya today, Indira Gandhi Action Team (Ingat) chairperson Arun Doraisamy said that the large amount of RM100 million sought in the suit was due to the matter not being just about Indira Gandhi but about the rule of law and ensuring authorities comply with it.
“If we cannot get our authorities to obey a court order, what else we can (do)? The amount (R100 million) is synonymous with the gravity of the case.
“It is not just about Indira alone but also about the institution of enforcement and system of justice,” he said.
Arun reiterated that the lawsuit seeks to ensure that Malaysia’s system of justice is level for everybody in the country.
He also said that the legal action is timely as there is great concern about the welfare of Prasana, whereby he claimed the last time she was last seen was in 2015.
“It is of great concern to us whether this girl (Prasana) could have been abused or taken out of the country (Malaysia),” he said.
