Court rejects Indira Gandhi’s RM100 million claim
THE Court of Appeal has rejected M. Indira Gandhi’s RM100 million claim against the police, Home Ministry and Government, but made clear that the dismissal should not be interpreted as a finding that the authorities had fulfilled their responsibiliti...
The Court of Appeal has rejected M. Indira Gandhi's RM100 million negligence claim against the police, Home Ministry, and Government. The three-judge panel unanimously dismissed her appeal against the High Court decision, ruling that she failed to establish the necessary causal link between the police's shortcomings and the losses for which she sought compensation.
The court acknowledged material deficiencies in police execution but emphasized that the claim was about private law and not administrative performance. Indira argued that if it weren't for police errors, her daughter would likely have been arrested, recovered, or the loss avoided. The court ruled that the initial removal and separation of the daughter from her mother occurred years before court orders were issued, meaning the police could not be held responsible for the child's initial removal or the beginning of the separation.
The court stressed that the dismissal did not mean the authorities had fulfilled their responsibilities, and it did not grant general immunity to the police.
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