
Justice Raja Ahmad Mohzanuddin Shah said there was no merit in government’s application to stay orders issued by the High Court and the Court of Appeal on Jul 16, 2021, and Sept 7, 2022, respectively.
He further said there were no special circumstances to justify such an order.
In his ruling, the judge also said the High Court does not have jurisdiction to stay a judgment made by the Court of Appeal.
Following the dismissal of the application, the court ordered the government to pay Indira RM2,000 in costs.
She was represented by Rajesh Nagarajan and Pavitra Loganathan, while the inspector-general of police, the police force and the federal government were represented by senior federal counsel Andi Razalijaya A Dadi and FC Safiyyah Omar.
Indira, a kindergarten teacher, has been embroiled in a marathon legal battle with the authorities in an attempt to recover her daughter Prisana Diksa, who was kidnapped by her ex-husband Riduan Abdullah, a Muslim convert, 13 years ago.
Indira has accused the police of stalling, and in 2021 filed a nonfeasance suit against the government, the IGP, the police and the home ministry.
In her suit, she cited police inaction in executing a warrant against her former husband for failing to hand over custody of their youngest daughter to her despite a court order requiring him to do so.
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