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  • 2 weeks ago
However, Court of Appeal says today's ruling does not grant police immunity or diminish their duty to execute the arrest warrant for her former husband.

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00:01M. Indira Gandhi has lost her latest bid to hold former Inspector General of Police, Abdul Hamid Baddor, and the
00:08government liable over the failure to arrest her former husband, K. Pathmanathan, and return her daughter.
00:15The Court of Appeal unanimously dismissed her appeal against a high court decision that had rejected her suit.
00:21The three-member bench comprising Justices Zaini Mazlan, Faizah Jamaluddin, and Radzi Abdul Hamid ruled that Indira failed to prove
00:30a causal link between the police response and the loss and suffering she claimed to have suffered.
00:36Justice Faizah, who delivered the court's broad grounds, found that Indira's pain and suffering stemmed from the actions of her
00:43former husband, K. Pathmanathan, who converted to Islam and took the name Ridwan Abdullah.
00:49The court also found that Indira had failed to prove that police were not diligent in trying to locate and
00:55recover her daughter, Prasana Diksa, who is now 18.
00:59According to Faizah, Indira and Prasana's initial separation occurred years before the federal court affirmed a 2016 high court order
01:06requiring authorities to recover the child.
01:09The bench stressed that the ruling did not give police general immunity from liability or reduce their legal duty to
01:16execute the outstanding warrant against Ridwan.
01:20The high court had dismissed Indira's suit after accepting evidence that Abdul Hamid and Police Officer Yapsu Cheng made serious
01:29efforts to investigate the matter, including seeking Interpol's help.
01:33Indira had sought RM100 million in damages and claimed the government was vicariously liable for the alleged tort committed by
01:40the police.
01:41No costs were ordered against Indira, who later told reporters she would seek advice from her lawyers on her next
01:49course of action.
01:50Ruman Dawika Pari, FMT.
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