THE Kuala Lumpur High Court has dismissed the Attorney-General’s Chambers’ (AGC) application to strike out M. Indira Gandhi’s lawsuit against the police and the government, lawyer Rajesh Nagarajan said today.

Rajesh also said that, together with the dismissal, High Court judge Mohd Nazlan Mohd Ghazali had also ordered the matter for trial, which will now commence on December 15.

“The striking out application by the AGC has been dismissed with a cost of RM4,000 to be awarded to Indira Gandhi.

“After the order was dismissed, the court also has set the matter for trial, where the court has stated the trial will commence on December 15, 2021,” Rajesh told members of the media at a virtual press conference today organised by the Indira Gandhi Action Team (INGAT)

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

Indira filed her lawsuit last year, citing police inaction in executing the warrant against her estranged husband Muhammad Riduan Abdullah. She is seeking damages and a declaration that the Inspector-General of Police had committed tort of nonfeasance in public office.

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.

Citing the court decision today, Rajesh said it was a massive victory for them in their pursuit of the trial.

Besides this, Rajesh said the court also granted partial approval on the other interlocutory application made, where Indira seeks answers from the IGP for her questions.

Rajesh said the court only allowed questions related to the committal proceedings.

“The judge has directed the IGP to answer a set of questions from the 48 posed by our side.

“The IGP was also ordered to submit a written answer by August 16,” he said, adding that the government was also ordered to pay RM1,000 in cost for this.

Indira is looking to be reunited with her youngest child, Prasana, who was snatched by Riduan in 2009.

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

Riduan made off with Prasana after he unilaterally converted the couple’s three children to Islam. He is now in defiance of a court order to return the child to her mother.

The court granted Indira custody of her three children after finding their conversion to be unlawful. – July 16, 2021.