In the long-running child custody battle in the country that has also turned into a “kidnapping” case, the court has now given police two months to make things right!
There must have been a deep sigh of resignation across the country last Monday (April 6) when the High Court granted police an additional two months to obtain crucial information on the recent activities of M. Indira Gandhi’s ex-husband, Muhammad Riduan Abdullah; this was reportedly due to the fact that they have been unable to locate him and her youngest daughter, Prasana Diksa – who will turn 18 on April 8.
In delivering what some may view as an “ultimatum”, Judge Norsharidah Awang fixed June 25 for the next judicial monitoring to update the court on the progress of enforcing the arrest warrant against Muhammad Riduan Abdullah.
Earlier, Federal Counsel Safiyyah Omar told the court that police had taken several steps to locate Muhammad Riduan. However, the efforts have not been successful and among the reasons given was that police forensic analysis of closed-circuit television (CCTV) footage from a petrol station proved inconclusive as the vehicle registration number, and the individual's facial image could not be identified.
Furthermore, according to her, police were still awaiting a report from the relevant party on investigations into the vehicles purportedly used by Muhammad Riduan.
As for the alleged withdrawal of funds from the Employees Provident Fund (EPF), the court was informed that, somewhat ironically, EPF had turned down the request as such information remains “protected” and could not be released to third parties, including law enforcers – without the consent of account holders.
Given these setbacks, wouldn't the obvious question on the lips of ordinary people be: aren't government agencies – like all others – supposed to honour court orders?
Meanwhile, Indira’s lawyer Rajesh Nagarajan told the court that information submitted by police in a recent affidavit also appeared inconsistent with earlier filings, prompting him to question the urgency of the force in searching for the fugitive.
Moreover, according to him, the individual in question is on the police “wanted list”, yet, he appears to be living a normal life – owning two cars, receiving traffic summonses, making EPF withdrawals, and even seemingly enjoying state benefits such as the monthly RM100 SARA aid and the Budi95 targeted fuel subsidy.
For the record, Indira's heart-breaking tug-of-war saga began on March 31, 2009, when her then husband K. Pathamanathan disappeared with Prasana – their 11-month-old baby – from their home.
Subsequently, Pathmanathan was said to have used the birth certificates of the baby and the other two children to convert them to Islam without the mother's knowledge and consent; he then went to the Syariah courts to get custody over them.
The case then spiralled into a landmark custodial battle with clear religious undertones, where Indira secured custody over all three children in the civil courts – together with a court order to track down her ex-husband and recover Prasana.
Furthermore, the Federal court in the country had also ruled that Pathmanathan’s unilateral conversion of the three children was illegal and invalid, as both parents’ consent are needed for religious conversions.
A fugitive in the eyes of the law, yet living the comfortable life of an ordinary citizen?
Clearly frustrated with the failure of the authorities to carry out the court order, Indira and her two children, together with their supporters, had last year participated in the “March for Justice” from Sogo Kuala Lumpur to Bukit Aman; it seemed like a desperate bid to grab the attention of the Inspector-General of Police himself to act on the matter. But did anything fruitful come out of it?
Doesn't the whole episode suggest a dire lack of institutional and political willpower?
Undoubtedly, Indira's case is yet another poignant tale in a country so deeply divided, that seemingly, even justice can be held hostage by some unseen forces. But surely the question that would be haunting the mother most is: if the police, and even the courts, are unable to secure justice for her – then who will?
Another burning question is: is the fugitive being shielded by some powerful parties? If so, are they not also complicit in this heartless crime? Will they too be eventually hauled to face justice when the culprit is finally found?
In fact, isn't Indira's struggle also for justice against the unseen divisive forces in the country so that others don't end up as victims?
Sadly, even though the mother has been given custody by the court, it seems that all she and her two children may want now is the opportunity to meet their own “flesh and blood” that was snatched away from them so cruelly. Perhaps, the question that should be posed to those who have no qualms in breaking a mother-child bond is: are their religious sensitivities more important than divine compassion?
Truth be told, the court's custody order will expire once Prasana reaches the age of 18 this month, when she will have the legal autonomy to decide whether she wants to see her mother and her siblings or not. But what if she declines? Would it be “curtains down” on a long, painful and ultimately futile battle – or will karma strike back in its own uncanny way?
Notes to Ponder: Though Indira's legal battle to be “reconciled” with her own daughter may now hang in the balance, the kidnapping charges against her fugitive ex-husband would still remain.
Main formation source: Malay Mail.
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