PUTRAJAYA failed again to strike out former kindergarten teacher M. Indira Gandhi’s nonfeasance suit against the police over the force’s failure to arrest her Muslim-convert, estranged husband and return her daughter he abducted 13 years ago. 

Court of Appeal judge Hanipah Farikullah, who chaired the three-member panel, upheld the High Court’s decision to proceed with a full trial.

She also ordered the government to pay Indira RM10,000 in costs.

Hanipah said there were “complex issues of law” that needed to be ventilated at a full hearing, after which she ordered the Kuala Lumpur High Court to proceed with case management on September 14.

Indira filed suit in 2020 over police inaction to execute a warrant for Muhammad Riduan Abdullah. She is seeking damages and a declaration that the inspector-general of police had committed a tort of nonfeasance in public office.

This is the first time that a tort of nonfeasance — the failure to perform an act required by law — will be heard in Malaysia. 

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

High Court judge Mohd Nazlan Mohd Ghazali had denied the dismissal bid last year.

Speaking to the press today, Indira’s lawyer Rajesh Nagarajan welcomed the “second victory” for his client.

“With the Appeals court finding no merit in the bid to strike out the application and ordering the government to pay RM10,000 in cost, this is a second victory for Indira, following the prior dismissal by the High Court,” Rajesh said.

Indira, Indira Gandhi Action Team chairman Arun Dorasamy and the case’s co-counsel Sachpreetraj Singh were present at the press conference.

Indira said she just wants to reunite with her daughter, Prasana Diksa, who was snatched by Riduan in 2009. 

“The case has been dragging for way too long.  It has been almost 14 years and this (reflects) negatively on the police department. This should not be dragging any longer.

“Prasana will be 14 now and we don’t know anything until today,” she said. 

Arun said that the police have failed their duty to protect the public by ignoring the court order to arrest Riduan. 

In 2014, Riduan, a Muslim convert, was ordered by Ipoh High Court to return Prasana to her mother. He failed to do so, leading to a mandamus order by the court compelling the IGP to arrest him.  

Riduan made off with Prasana after he unilaterally converted the couple’s three children to Islam. 

The court granted Indira custody of her three children after finding their conversion to be unlawful. – September 7, 2022.