THE Kuala Lumpur High Court today dismissed M Indira Gandhi’s civil suit to compel the inspector-general of police (IGP) and police to arrest her former husband Muhammad Riduan Abdullah and recover her daughter Prasana Diksa.
Judicial commissioner Raja Ahmad Mohzanuddin Shah Raja Mohzan said the evidence does not show that the IGP committed the tort of nonfeasance.
This, he said, was because there was no existence of malice or bad faith on the part of the authorities in their so-far unsuccessful attempt to track down her husband Pathmanathan who is a Muslim convert.
“It is not that Indira’s ex-husband was roaming around Kuala Lumpur or any other area in plain sight of the police and the force was not taking action despite noticing him.
“If this were the case, I would have viewed that factor in favour of the plaintiff. However, the facts before me indicate that Pathmanathan’s whereabouts were unknown. Evidence further suggests that he was in Thailand at some point in time,” he said.
In concluding the facts, Mohzanuddin said that his interpretation of the evidence suggests that all the efforts made by the IGP and police were not indicative of any neglect of their duties.
“Furthermore, based on the evidence available to me, I conclude that the IGP and police exercised their duties in the manner they considered to be most appropriate.
“The way they conducted their investigation is within their wide discretion and I am in no position to second-guess them. Essentially, what matters to me is that there is evidence that an investigation has been conducted and is still in progress,” Mohzanuddin said.
Mohzanuddin also expressed sympathy for Indira being away from Prasana for 15 years and dismissed the suit without any order to costs.
Senior federal counsel Zetty Zurina Kamaruddin appeared for the IGP, while Law firm Raj & Sach appeared for Indira.
In a suit filed on October 28, 2020, Indira, alleged the IGP had deliberately and negligently disregarded a mandamus order issued by the Federal Court, by failing to investigate or take appropriate action to return her daughter, Prasana.
She alleged that all the defendants had a role to play in making decisions or ordering the police to execute the committal warrant against Riduan as ordered by the Federal Court on April 29, 2016.
Indira contended that the behaviour of all the defendants directly caused her separation from her youngest daughter to continue to this today and that their behaviour had also caused Riduan to flee.
She was seeking RM100 million in general, aggravated and exemplary damages, as well as a declaration that the IGP had committed the tort of nonfeasance in public office, and the second, third and fourth defendants were also vicariously liable for the tort of nonfeasance committed by the first defendant. – June 28, 2024.
