Indira takes fight over missing daughter to Federal Court

Indira Gandhi has taken her ongoing dispute over her missing daughter, Prasana Diksa, to the Federal Court in an attempt to revive her claim for damages against the police and government. The 11-month-old was taken by her former husband, K Patmanathan, who later converted to Islam and assumed the name Riduan Abdullah.

Indira filed an application on August 25 to seek permission to appeal against the Court of Appeal's dismissal of her suit on August 24. The court ruled that the High Court had made legal errors in dismissing the case, such as requiring Indira to prove malice or bad faith and identifying gaps in the police evidence. However, the judges concluded that Indira still did not demonstrate that proper police action earlier would have led to Patmanathan's arrest or the recovery of Prasana.

Her legal team, Raj & Sach, presented six questions of law to the Federal Court, focusing on important legal principles and matters of public interest. One issue is whether a claim for nonfeasance by public officers requires proof of breach, causation, and damage like negligence. Indira seeks clarification on whether she must identify a specific police action that, if carried out properly, would likely prevent her loss.

Another question concerns whether later evidence regarding the whereabouts of a person under an unexecuted warrant can significantly impact such a claim.

The case began when Patmanathan took Prasana on March 31, 2009, and Indira subsequently obtained custody. Patmanathan was legally obligated to return the child, but he became contempt of court and imprisoned until he surrendered Prasana. In 2016, the Federal Court had ruled in Indira's favor, stating that the police had a statutory duty under Section 20(3)(f) of the Police Act 1967 to execute the warrant.

However, the Court of Appeal upheld the dismissal of her damages suit on August 24, finding that she had not proven the necessary legal elements.