The Ipoh High Court today dismissed an application by M Indira Gandhi to initiate contempt of court proceedings against the inspector-general of police (IGP) and three others for nonfeasance.
Judicial commissioner Bhupindar Singh Gurcharan Singh Preet made the decision after hearing submissions by both parties, and dismissed the application with no order as to costs.
Indira filed the application over alleged failure of the police to arrest her ex-husband and return her daughter who was abducted by him 13 years ago.
When met outside the court with her lawyer L Pavitra, she said she would file an appeal against today's decision.
Indira, 46, filed a suit on Oct 28, 2020, naming the IGP, the police, the home ministry and the government as the first to fourth defendants.
In her statement of claim, she said the IGP had deliberately and negligently disregarded a mandamus order issued by the Federal Court by failing to investigate or take appropriate action to return her youngest child, Prasana Diksa, who is now 14 years old.
She said 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 also contended that the actions by the defendants had directly caused her to be separated from her daughter until today, in addition to causing Riduan to flee.
She is seeking RM100 million in general, aggravated and exemplary damages, as well as a declaration that the IGP had committed the tort of nonfeasance in public office, and that the home ministry and the government are vicariously liable for the tort of nonfeasance committed by the IGP.
Prasana was taken away by Riduan when she was 11 months old, shortly after he converted to Islam.