PUTRAJAYA: The Court of Appeal today dismissed an appeal by the Inspector-General of Police (IGP) and three others to strike out a nonfeasance lawsuit filed against them by a kindergarten teacher over their alleged failure to arrest her ex-husband and return her daughter who was abducted by him.
A three-member panel comprising Justices Datuk Hanipah Farikullah, Datuk M. Gunalan and Datuk Ahmad Zaidi Ibrahim held that the suit filed by M.Indira Gandhi should be dealt by way of a trial.
Besides the IGP, the other named as defendants in the suit are the police, the Home Ministry and the government.
"We are of the considered view that based on the facts and circumstances of this case, there are complex issues of law including issues on interpretation of Section 7 (2) of the Government Proceedings Act, Section 20 of the Police Act and also on the common law position on the tort of nonfeasance by a public officer," said Justice Hanipah.
She said Indira Gandhi's claim was not an obviously unsustainable case to warrant it to be struck out.
There was no error by the High Court in its decision to dismiss the striking-out application brought by the IGP and three others, she said, adding that there was no merit in the government's appeal.
She also ordered the defendants to pay RM10,000 cost to Indira Gandhi and set Sept 14 for the case management at the High Court.
On July 16, last year, then High Court judge Datuk Mohd Nazlan Mohd Ghazali (now Court of Appeal judge) dismissed the government's application to strike out Indira Gandhi's suit that claimed 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 youngest child Prasana Diksa.
She alleged that the IGP, the Home Ministry and the government had a role to play in making decisions or ordering the police to execute the committal warrant against Muhammad Riduan Abdullah, formerly known as K. Pathmanathan, as ordered by the Federal Court on April 29, 2016.
She is seeking general, aggravated and exemplary damages and a declaration that the IGP had committed the tort of nonfeasance in public office, and that the Home Ministry and the government were vicariously liable for the tort of nonfeasance committed by the IGP.
Prasana Diksa was taken away by Muhammad Riduan when she was 11 months old, shortly after he converted to Islam.
In 2009, Muhammad Riduan unilaterally converted their three children to Islam without Indira Gandhi's consent before going to the Syariah Court to obtain custody of the children, but in 2018 the Federal Court ruled the unilateral conversion of the three children as null and void.
The Ipoh High Court in 2010 granted full custody of the children to Indira Gandhi.
In 2016, the Federal Court affirmed the mandamus order issued by the High Court directing the police and the appellants to apprehend Muhammad Riduan and retrieve Prasana Diksa to be returned to Indira Gandhi.
Senior federal counsel Andi Razalijaya A. Dadi appeared for the government at the proceeding today, which was conducted online, while a team of lawyers led by Rajesh Nagarajan represented Indira Gandhi.
-- BERNAMA
Bernama
Wed Sep 07 2022
Justice Hanipah ordered the defendants to pay RM10,000 cost to Indira Gandhi and set Sept 14 for the case management at the High Court. - BERNAMA/Filepic
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.
Minimum wage to increase to RM1,700 effective Feb 1, 2025
The Progressive Wage Policy would be fully enforced next year with an allocation of RM200 million, benefiting 50,000 workers.
Bursa Malaysia ends higher on Budget 2025 optimism
The benchmark index, which opened 1.85 points higher at 1,643.29, moved between 1,641.71 and 1,649.31 throughout the trading session.
Five important aspects relating to people’s lives in Budget 2025 - PM
The focus is on driving the MADANI Economy, speeding reforms, cutting red tape, raising wages, and tackling the cost of living.
Economic outlook: Govt plans to leverage, expand existing city transit system
The expansion aims to provide a more efficient and reliable public transportation network, reduce congestion, and improve accessibility.
Economic outlook: Budget 2025 to lay foundation for a digital-driven economy
The report said Budget 2025 will entail efforts to position Kuala Lumpur as a top 20 global startup hub by 2030 through the KL20 initiative.
Economic outlook: Corruption and lack of accountability hinder economic progress
Special Cabinet Committee on National governance is established to curb corruption, law reforms to modernise outdate regulations, MoF said.
National Wages Consultative Council will be strengthened
The govt will also incentivise hiring women returning from career breaks, offer job matching and improve care services facilities.
Economic outlook: Ensuring 11 years of compulsory education for all children
Budget 2025 will continue prioritising upskilling and retraining initiatives to equip workers with the latest skill sets necessary.
Consolidated public sector projected to record lower surplus of RM41.7 bil 2024
The MoF said the consolidated general government revenue is estimated to increase slightly to RM384.7 billion in 2024.
PM announces substantial Budget 2025 hastening Malaysia to become Asian economic powerhouse
Datuk Seri Anwar Ibrahim said it would create jobs and also tackle financial leakages to enhance public spending efficiency.