PUTRAJAYA — The Court of Appeal here today dismissed kindergarten teacher M. Indira Gandhi’s appeal over the High Court’s dismissal of her RM100 million nonfeasance lawsuit against the police, Home Ministry and the government over allegedly failing to arrest her ex-husband and return her daughter.
The three-member panel was unanimous in its decision, that Indira failed to prove causal connection required for an award of private-law damages.
“In practical terms, the appellant (Indira) had to show that, but for an identified omission, K. Pathmanathan (whose Muslim name is Muhammad Ridhuan Abdullah) would probably have been apprehended, Prasana Diksa recovered or an identifiable part of the loss avoided,” Justice Datuk Faizah Jamaludin said, as reported by Bernama.
While Indira had failed to prove on the balance of probabilities that there was any action omission or wrong, Faizah, however, said there were “material deficiencies” in the police’s performance, adding that there was no contemporaneous command or direction issued by the Inspector-General of Police (IGP) within the stipulated seven days was produced.
“Nothing in grounds should be understood as conferring a general immunity upon the police or as suggesting that a failure to obey and execute lawful orders and warrants of the courts is legally inconsequential,” Faizah said, adding that court’s conclusion is confined to the private-law claim as pleaded by Indira and to the evidence adduced in the appeal.
The appellate court’s decision does not diminish the continuing statutory duty of the police to execute the warrant of committal, she added.
Other judges on the panel were Datuk Mohamed Zaini Mazlan and Datuk Mohd Radzi Abdul Hamid.
Indira filed the lawsuit on Oct 28, 2020, naming former IGP Tan Sri Abdul Hamid Bador, the police, Home Ministry, and the government as defendants. She sought a declaration that Abdul Hamid, the IGP at that time, has failed to take all necessary steps to apprehend ex-husband Pathmanathan and retrieve her youngest child Prasana Diksa, thereby committing the tort of nonfeasance in public office.
In 2009, Pathmanathan unilaterally converted his three children to Islam without Indira Gandhi’s consent before seeking custody through the Syariah Court. The Federal Court later ruled in 2018 that the children’s unilateral conversion was null and void. Prasana Diksa was taken by Pathmanathan when she was 11 months old, shortly after her conversion.
In 2010, the Ipoh High Court granted Indira full custody of the children. In 2016, the Federal Court affirmed the High Court’s mandamus order directing the police to apprehend Pathmanathan and recover Prasana Diksa for return to Indira. Her two other children were returned to her in 2010.
Outside the court, Indira said all she want is to see her daughter.
“Whatever she wants to be or whoever she wants to be with is not an issue. I just want to see her,” she said. – August 24, 2026