INSPECTOR-GENERAL of Police (IGP) Acryl Sani Abdullah Sani cannot remain silent over Prasana Diksa’s case, the girl who was snatched away by her father when she was just 11 months old, the girl’s mother, M. Indira Gandhi, said.

She said there has been no updates on the case from the IGP.

“I have met five other IGPs before but the current one is very silent (on this case). I don’t know why,” the former kindergarten teacher told a virtual press conference today.

“There is just no news from him (on this). I think even he got fed up with the case.

“But it is very wrong of him (not to address this issue), as this is a case of public interest.”

She said the previous IGPs gave updates on the case despite failing to arrest her ex-husband, K. Padmanathan, who converted to Islam and changed his name to Muhammad Riduan Abdullah.

Earlier this year, Indira had told The Malaysian Insight that despite six IGPs taking up the case, her daughter is yet to be found.

She expressed her frustration and disappointment at Acryl for not contacting her or Indira Gandhi Action Team (Ingat) chairman Arun Doraisamy to talk about the saga, which has now dragged on for 13 years.

Prasana was taken by Riduan before he converted to Islam in 2009.

He had also converted their three children to Islam without Indira’s knowledge.

In 2018, in a landmark ruling, the Federal Court quashed the unilateral conversions of Indira’s children – Prasana and two older siblings.

The apex court upheld the nullification of the religious conversions by only one parent and affirmed custody to the mother.

Indira is now waiting for Riduan to be located and Prasana to be returned to her as ordered by the court.

Riduan is a fugitive for violating the Ipoh High Court’s order in 2014 to return Prasana, leading to a writ of mandamus by the court compelling the IGP to arrest him.

Ingat chairman Arun, meanwhile, said police have failed in their duty to protect the public by ignoring the court order to arrest Riduan.

In 2020, Indira had filed suit over police inaction to execute the arrest warrant on Riduan. She is seeking damages and a declaration that the IGP had committed a tort of nonfeasance in public office.

Besides the IGP, the others named as defendants in the suit were the police, the Home Ministry and the government.

Today, the Court of Appeal upheld the High Court decision to dismiss Putrajaya’s bid to strike out the former kindergarten teacher’s nonfeasance suit.

A three-member panel comprising justices Hanipah Farikullah, M. Gunalan and Ahmad Zaidi Ibrahim held that the suit filed by Indira should be dealt by way of a full trial.

“We are of the considered view that based on the facts and circumstances of this case, there are complex issues of law, including issues on interpretation of section 7(2) of the Government Proceedings Act, section 20 of the Police Act and on the common law position on the tort of nonfeasance by a public officer,” Hanipah said.

The court also ordered the government to pay Indira RM10,000 in costs. – September 7, 2022.