Ngo To File Macc Report Plans March Over Police Inaction In Indira Case


 


The Indira Gandhi Action Team (Ingat) and Agamam Ani Malaysia, led by social activist Arun Dorasamy, today announced plans to lodge a report with the MACC and to organise a “giant justice march” to Bukit Aman, alleging continued police inaction in locating Indira Gandhi’s missing daughter, Prasana Diksa.
In a statement today, Arun said that after more than a decade of judicial and enforcement efforts, both the Inspector-General of Police (IGP) Khalid Ismail and Home Minister Saifuddin Nasution Ismail have “chosen a path of silence”, which he described as either an admission of institutional failure or a deliberate attempt to avoid accountability.
He said Ingat and Indira are now considering a formal MACC complaint against Khalid, for alleged abuse of power and obstruction of justice, citing what he claimed was prolonged inaction and possible internal interference.
To escalate public pressure, Arun said Ingat would soon launch the said march, a peaceful assembly to demand accountability from the police and the Home Ministry, adding that details of the march would be announced later, after consultation with authorities under the Peaceful Assembly Act (PAA) 2012.
"There is increasing suspicion of ‘invisible hands’ - individuals or groups within or outside the system who may have sabotaged, influenced, or suppressed enforcement efforts for political or religious reasons,” Arun added.
According to him, the decision follows years of frustration over what Ingat views as the police’s failure to enforce a 2014 Federal Court mandamus order, directing the recovery and return of Prasana to her mother.
Social activist Arun Dorasamy (right) at a recent press conference"Under Section 20(3) of the Police Act 1967, the IGP is duty-bound to execute and enforce lawful orders of the courts, including the 2014 Federal Court mandamus order directing the recovery and return of Prasana to her mother, Indira.
"Failure or refusal to carry out such lawful orders amounts to nonfeasance - a grave administrative and legal wrong defined as the deliberate or negligent omission to perform an act that one is legally obligated to do," Arun added.
The activist also questioned the status of a special task force announced in April 2019 by then-IGP Fuzi Harun to locate and repatriate Prasana.
Arun said that the unit, led by Bukit Aman's then CID acting director Huzir Mohamed, was declared a priority operation, yet lamented that six years on, no tangible progress, transparency, or closure has been achieved.
"Repeated affidavits filed by the police in judicial monitoring proceedings at the Ipoh High Court admitted that Riduan Abdullah could not be traced, yet evidence shows he continues to live freely, attending public events and moving across states unimpeded.
"This pattern raises serious concerns of non-enforcement, willful negligence, and potential collusion within enforcement ranks," Arun alleged.
‘Unforgivable failure
Last week, Indira's lawyer Rajesh Nagarajan accused the authorities of “unforgivable failure” amid claims that her ex-husband, Riduan Abdullah, has been living freely in the country and enjoying government aid despite a 15-year-old arrest warrant.
A social media post on Riduan reignited scrutiny over the police and Attorney-General Chambers (AGC) handling of the case by alleging that Riduan remains in Malaysia, and has been benefiting from government assistance such as Budi95 and the Rahmah Necessities Aid (Sara).
Riduan AbdullahChecks by Malaysiakini on the Budi95 and Sara platforms, using the IC number linked to Riduan, found that the account had fully utilised the one-off RM100 Sara cash aid and nearly 100 litres from the 300-litre Budi95 fuel subsidy quota.
A check on the Immigration Department’s travel status portal using the same IC number also showed “no restrictions” on his ability to travel abroad.“
"Justice delayed is justice denied, but justice deliberately obstructed is an assault on the Federal Constitution itself,” Arun said.
He also urged Khalid and Saifuddin to publicly explain what steps had been taken to enforce the Federal Court order, why the task force had failed after six years, and who was protecting Riduan.
In a press conference on Oct 28, Ingat urged the police to use data on where Riduan, previously known as K Pathmanathan, has redeemed his Budi95 petrol subsidy and Sara credits, to locate him.
A futile effort spanning a decade
In 2009, Riduan converted their three children to Islam without Indira's consent and sought custody through the Syariah Court.
The following year, the Ipoh High Court granted Indira full custody. However, in 2014, the Court of Appeal overturned a High Court order compelling the IGP to recover Prasana.
The Federal Court, in 2016, affirmed the appellate court’s dissenting judgment, with the apex court directing police to arrest Riduan and retrieve the child.
Indira filed an RM100 million suit in 2020, in which she named former IGP Abdul Hamid Bador, the police, the Home Ministry, and the government as defendants, after receiving no news about her daughter’s whereabouts.
She claimed that Hamid, during his tenure as the IGP, as well as the police, had committed the tort of nonfeasance, and alleged that he intentionally neglected to carry out their duties in locating his ex-husband and daughter.
In June last year, the High Court dismissed her suit after finding that Hamid and the police had exercised their duties in executing the Federal Court’s mandamus order.
The Court of Appeal heard on Aug 11 this year that the police do not owe Indira a duty of care in the case involving the search for Riduan and Prasana.
The Court of Appeal was initially scheduled to deliver its decision on Indira’s lawsuit yesterday. 
However, it has since vacated the decision date and informed Indira’s legal team that case management has been set for Nov 7, during which parties will provide their available dates for a new decision date to be fixed. - Mkini


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