KUALA LUMPUR – The inspector-general of police and government have filed an appeal against the high court’s decision dismissing their application to quash M. Indira Gandhi’s suit over the authorities’ alleged failure to arrest her ex-husband Muhammad Riduan and return her daughter, who was abducted by him 12 years ago.
Indira Gandhi filed the suit on October 28 last year, naming the IGP, police, Home Ministry and government as the first to fourth defendants, respectively.
The four filed a notice of appeal at the Court of Appeal on August 13 after being dissatisfied with the overall decision of high court judge Mohd Nazlan Mohd Ghazali on July 16.
Senior federal counsel Andi Razalijaya A. Dadi, representing the appellants, said a copy of the notice of appeal was submitted to Indira Gandhi’s lawyer via email on August 16.
On July 16, Nazlan dismissed the defendants’ application on the grounds that the case is not obviously unsustainable to warrant a summary dismissal, and ordered that a full trial be held on the defamation suit filed by Indira Gandhi.
In her statement of claim, the 46-year-old kindergarten teacher said the IGP deliberately and negligently ignored the Federal Court’s mandamus order for failing to investigate or take appropriate action to recover her daughter Prasana Diksa, who is now 13 years old.
She said the defendants had a role to play in making decisions or ordering police to execute the committal warrant against her ex-husband, as ordered by the apex court on April 29, 2016.
She contended that the behaviour of the defendants directly caused her separation from her youngest daughter to continue until today, and that their behaviour also caused Riduan to flee.
She is seeking RM100 million in general, aggravated and exemplary damages, as well as a declaration that the first defendant, namely the IGP, committed tort of nonfeasance in public office, and the second, third and fourth defendants are also vicariously liable for the tort of nonfeasance committed by the IGP. – Bernama, August 27, 2021
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