00:01The Court of Appeal in Putrajaya on Monday dismissed kindergarten teacher M. Indira Gandhi's
00:07appeal against the High Court's dismissal of her 100 million ringgit lawsuit against the police,
00:13the Home Ministry and the government for allegedly failing to arrest her ex-husband
00:18K. Pathmanathan, also known as Muhammad Ridwan Abdullah, and recover her daughter Prasanna Diksa.
00:25A three-member panel comprising Justices Mohamed Zaini Mazlan, Faiza Jamaluddin and Mohamed Radzi
00:33Abdul Hamid unanimously ruled that Indira had failed to establish the causal connection
00:39required to claim private law damages. Justice Faiza said Indira needed to prove
00:46on the balance of probabilities that an actionable omission by the authorities was the effective
00:52cause of her losses. The Court, however, found material deficiencies in the police's performance.
00:59It stressed that the decision should not be interpreted as granting the police immunity
01:05or suggesting that a failure to execute lawful court orders and warrants carries no legal consequences.
01:13The Court also said its decision does not diminish the police's continuing statutory duty
01:19to execute the warrant of committal against Pathmanathan. Indira filed the 100 million ringgit lawsuit
01:26in 2020 over the alleged failure to apprehend her former husband and recover Prasanna Diksa.
01:34The case stems from a long-running custody dispute that began in 2009.
01:40Pathmanathan had unilaterally converted their three children to Islam without Indira's consent
01:46before seeking custody through the Sharia court. The federal court later ruled
01:52that the unilateral conversions were null and void.
Comments