Court of Appeal dismisses Indira Gandhi’s RM100 million lawsuit

The Malaysian Court of Appeal has dismissed M. Indira Gandhi’s RM100 million lawsuit against the police and the government. The suit sought damages for the failure to locate her daughter, Prasana Diksa, who was taken by her former husband, K. Pathmanathan, after his conversion to Islam.

A three-judge panel, led by Datuk Mohamed Zaini Mazlan, ruled unanimously that Indira Gandhi failed to prove a direct causal link between the police’s actions or omissions and the alleged losses. The court noted that under civil law, damages cannot be awarded solely due to administrative weaknesses, and the plaintiff must demonstrate that the respondents' failures directly caused the claimed losses.

While the appeal was dismissed, the court highlighted significant flaws in the police's testimony regarding efforts to execute arrest warrants against Pathmanathan. The panel emphasized that this ruling does not grant immunity to the police, nor does it imply that ignoring valid court orders and warrants carries no legal consequences. The judges noted that the case touches upon the authority and effectiveness of court decisions and the responsibility of the police to enforce them.