PUTRAJAYA: The Court of Appeal has reserved its decision on an appeal by M. Indira Gandhi regarding her lawsuit against the Inspector-General of Police (IGP) and three others.
The case concerns the failure to locate her ex-husband, who took their daughter away years ago.
Justice Datuk Mohamed Zaini Mazlan stated the court needed time to deliberate on submissions from both parties.
The bench, which included Justices Datuk Faizah Jamaludin and Datuk Mohd Radzi Abdul Hamid, set Aug 25 for case management.
Indira is appealing the Kuala Lumpur High Court’s dismissal of her lawsuit against the IGP for alleged nonfeasance in public office.
She seeks a declaration that the IGP failed to execute a committal warrant against her ex-husband, Muhammad Riduan Abdullah.
Additionally, she wants the other respondents held vicariously liable and compensation for damages.
Prasana Diksa, now 17, was taken by Muhammad Riduan when she was 11 months old after he converted to Islam.
Indira’s lawyer, Rajesh Nagarajan, argued that Muhammad Riduan has not complied with a mandamus order to return the child.
He also claimed the police failed to locate Muhammad Riduan despite knowing his whereabouts.
Rajesh mentioned that Muhammad Riduan had settled several traffic summonses, suggesting authorities could have tracked him.
Senior federal counsel Nur Ezdiani Roleb countered that Indira failed to prove negligence by the respondents.
She stated the police made efforts, including using the Special Task Force on Organised Crime (STAFOC).
Nur Ezdiani also noted Indira never filed a discovery application to verify the traffic summonses claim.
In 2009, Muhammad Riduan unilaterally converted his three children to Islam without Indira’s consent.
The Federal Court later ruled the conversions null and void in 2018.
The Ipoh High Court granted Indira full custody of the children in 2010.
A 2014 committal order directed Muhammad Riduan’s arrest for contempt of court.
Indira obtained a mandamus order in 2014 compelling the IGP to enforce the arrest and recovery orders.
The Federal Court restored the mandamus order in 2016 after the Court of Appeal dismissed it.
The case remains unresolved as the Court of Appeal prepares its decision. - Bernama
