Police, Putrajaya file appeal against M Indira Gandhi’s suit

 

M Indira Gandhi had filed her suit last year, citing police inaction in executing the warrant against her former husband who took away her daughter, Prasana, in 2010.

PETALING JAYA: The police and the Malaysian government are appealing against a High Court decision to allow a suit by a mother involved in an interfaith-custody battle with her convert ex-husband.

In July, the Kuala Lumpur High Court ordered a full trial for M Indira Gandhi’s suit against the police and the government for alleged inaction in executing a warrant of committal to arrest her former husband for contempt.

The government had previously sought to strike out the suit.

But Judge Mohd Nazlan Mohd Ghazali said there were issues that needed to be ventilated at a full hearing.

The government and the police were dissatisfied with Nazlan’s ruling according to the appeal that was filed yesterday at the Court of Appeal, according to the document sighted by FMT.

When contacted Indira’s lawyer Rajesh Nagarajan said: “We’ll see them in court.”

Indira filed her suit last year, citing police inaction in executing the warrant against Muhammad Riduan Abdullah. She is seeking damages and a declaration that the IGP had committed tort of nonfeasance in public office.

The government wanted to strike out her suit on grounds that it was frivolous and an abuse of the court process, claiming she had wrongly commenced the civil action.

It said her judicial review against the government was still pending at the Ipoh High Court.

The Federal Court had in 2016 instructed the inspector-general of police to execute the warrant of committal against Riduan after he was found guilty of contempt by refusing to hand over their daughter, Prasana.

Prasana was taken away from her mother in 2010. - FMT