KUALA LUMPUR, Dec 4 — The High Court dismissed today the federal government’s bid to stay two earlier rulings for it to pay a total of RM14,000 in legal costs to Hindu mother M Indira Gandhi, Free Malaysia Today reported.
Judge Datuk Raja Ahmad Mohzanuddin Shah was quoted saying there was no merit or special circumstances to grant the government’s application to stay the orders of the High Court and the Court of Appeal on July 16, 2021 and September 7, 2022, respectively.
The judge also ordered the government to pay Indira an additional RM2,000 in costs.
Rajesh Nagarajan and Pavitra Loganathan represented Indira while the inspector-general of police, the police force and the federal government were represented by senior federal counsel Andi Razalijaya A Dadi and federal counsel Safiyyah Omar.
Indira, a mother of three, had sought general, aggravated, and exemplary damages and a declaration that then inspector general of police 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.
Indira’s younger daughter Prasana Diksa was taken away by her ex-husband 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 High Court in 2010 granted full custody of the children to Indira Gandhi.
In 2014, she obtained a recovery order from the High Court directing the IGP and the police to recover her daughter as well as a subsequent order for the police to provide regular updates on the recovery process.
