Indira Gandhi’s suit against IGP, govt set for Dec 15-16

Indira Gandhi’s suit against IGP, govt set for Dec 15-16

She is seeking RM100 million in damages and a declaration that the IGP committed the tort of nonfeasance in public office.

In her suit, M Indira Gandhi alleged that the Inspector-General of Police deliberately and negligently ignored a Federal Court order by failing to investigate or take action to return her daughter Prasana Diksa.
KUALA LUMPUR:
The High Court today set Dec 15 and 16 to hear a suit filed by kindergarten teacher M Indira Gandhi against the Inspector-General of Police (IGP) and the government for allegedly failing to arrest her ex-husband and return her daughter  abducted by him 12 years ago.

Judge Mohd Nazlan Mohd Ghazali set the dates during case management, which was conducted via e-Review today and was attended by Indira’s lawyer, Pavitra Loganathan, and federal counsel Shazreen Nadia Zulkipli, representing the IGP and the government.

Lawyer Rajesh Nagarajan, who also represented Indira, said the court also set Nov 15 for case management for parties to submit documents on the trial.

In a suit filed on Oct 28 last year, Indira, 46, alleged that the IGP had deliberately and negligently disregarded a mandamus order issued by the Federal Court in failing to investigate or take appropriate action to return her daughter, Prasana Diksa, who is now 13.

She also named the Royal Malaysian Police, the home ministry and the government as the other defendants.

She claimed that the defendants had a role in making decisions or ordering the police to execute the committal warrant against Muhammad Riduan as ordered by the Federal Court on April 29, 2016.

She contended that her separation from her youngest daughter till today and Riduan’s actions were the direct result of the defendants’ behaviour.

She is seeking RM100 million in general, aggravated and exemplary damages, as well as a declaration that the IGP committed the tort of nonfeasance in public office, and that the second, third and fourth defendants were also vicariously liable for the tort of nonfeasance committed by the first defendant.

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