Court of Appeal defers decision on Indira Gandhi's lawsuit against IGP
Justice Mohamed Zaini Mazlan, heading a three-judge panel, stated that the court needs additional time to review the submissions due to the nature of the case.
"We will fix a date for a decision later," he said after hearing submissions on Monday (Aug 11).
Justices Faizah Jamaludin and Mohd Radzi Abdul Hamid also sat on the bench.
Lawyer Rajesh Nagarajan, representing Indira, argued that her ex-husband, K. Pathmanathan, has not complied with a High Court mandamus order to return Prasana Diksa to Indira, who has custody of the child.
He questioned the use of the now-defunct Special Task Force on Organised Crime (Stafoc) to locate Pathmanathan, suggesting it was inappropriate for the situation.
Rajesh highlighted records indicating Pathmanathan owned several vehicles in Malaysia and had paid summons for speeding in 2020, implying police inaction despite court orders.
Senior Federal Counsel Nur Ezdiani Roleb contended that the police had fulfilled their duties, with the IGP making public appeals for assistance in locating Pathmanathan, whose name is on the police wanted list.
She argued that 'duty of care' does not apply to Indira's case as she was not in police custody, and the respondents were obliged only to adhere to the court's mandamus order.
The court has scheduled Aug 25 for case management to set a decision date.
Indira is appealing a High Court decision from June 28 last year, which dismissed her lawsuit against the IGP, the police, the Home Ministry, and the government. The High Court had ruled that police used all available resources to locate Pathmanathan, also known as Muhammad Riduan.
Indira's lawsuit, filed on Oct 28, 2020, claims the IGP deliberately disregarded the Federal Court's mandamus order, failing to take appropriate action to return Prasana Diksa. She asserts that the defendants' actions have caused her prolonged separation from her daughter.
In 2009, Pathmanathan unilaterally converted his three children to Islam and obtained custody from the Syariah Court.
In 2016, the Federal Court affirmed a High Court mandamus order to apprehend Pathmanathan and return Prasana Diksa.
The apex court ruled in 2018 that the unilateral conversion was null and void, and the Ipoh High Court granted full custody to Indira in 2010.
Prasana Diksa was 11 months old when taken and turns 17 this year. Indira's two other children were returned to her in 2010.
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