Court of Appeal dismisses Indira Gandhi’s RM100m suit despite flagging police shortcomings

On August 24, the Court of Appeal in Malaysia dismissed a lawsuit initiated by Hindu mother M. Indira Gandhi, seeking to reinstate a RM100 million claim against the police and the Malaysian government. The lawsuit alleged that their negligence prevented the recovery of her youngest daughter, Prasana Diksa. The three-judge bench, led by Datuk Mohamed Zaini Mazlan, emphasized the lack of substantial evidence in police records that directly tied the police's actions or inactions to Prasana's disappearance.

The court ruled that the appellant had to establish a direct causal link between the respondents' negligence and her loss, which had not been proven. The judges were particularly concerned about gaps in the evidence, including the absence of a contemporaneous command or direction issued by the then Inspector-General of Police (IGP) within the required seven-day timeframe.

Additionally, no clear documentation was provided regarding the Special Task Force on Organised Crime (STAFOC) and their involvement in the case. While the court acknowledged procedural weaknesses in the police documentation, they were cautious not to imply a blanket immunity for the police or dismiss the significance of failing to adhere to lawful orders and court warrants.

The lawsuit began on October 28, 2020, with Indira naming the Royal Malaysia Police, the Home Ministry, and the government as respondents. It was part of her 17-year quest to locate Prasana, who was taken in 2009 by Pathmanathan after converting their three children to Islam. Prasana was just 11 months old at the time. The Ipoh High Court granted Indira full custody in March 2010, ordering Pathmanathan to return the child immediately.

The Federal Court upheld this decision on April 29, 2016, requiring the IGP to enforce the committal warrant against Pathmanathan.