Indira Gandhi’s application to submit new evidence in her lawsuit against the IGP has been dismissed by the Court of Appeal.
PUTRAJAYA: The Court of Appeal has dismissed an application by kindergarten teacher M. Indira Gandhi to submit fresh evidence in her lawsuit against the Inspector-General of Police and three others.
A three-member bench led by Justice Datuk Mohamed Zaini Mazlan unanimously ruled that the application did not meet the required legal threshold for admitting new evidence.
The proposed evidence related to the alleged use of the BUDI95 and MyKasih SARA programmes by her ex-husband, Muhammad Riduan Abdullah, who was formerly known as K. Pathmanathan.
Justice Mohamed Zaini stated that the evidence was not available during the original High Court trial and only surfaced after those proceedings had concluded.
He noted that while the evidence was unavailable at the time of the trial, fulfilling one legal condition, it pertained to events that occurred well after the trial and appeal hearing.
“The fresh evidence, even if true, does not contradict any finding of fact made by the High Court, nor does it undermine any premise upon which the decision was reached,” said Justice Mohamed Zaini.
The bench, which also included Datuk Faizah Jamaludin and Datuk Mohd Radzi Abdul Hamid, dismissed the application with no order as to costs.
Justice Mohamed Zaini subsequently fixed April 24 for a case management to set a date for the decision on the main appeal.
Indira Gandhi is appealing a Kuala Lumpur High Court decision that dismissed her lawsuit seeking a declaration that the IGP committed a tort of nonfeasance in public office.
Her lawsuit centres on the alleged failure to execute a committal warrant against Muhammad Riduan Abdullah, who absconded with their daughter Prasana Diksa when she was 11 months old.
She also seeks a declaration that the other respondents are vicariously liable and is claiming general, aggravated, and exemplary damages.
The long-running case began after Muhammad Riduan unilaterally converted their three children to Islam in 2009 and obtained custody from the Syariah Court, a decision later ruled null and void by the Federal Court in 2018.
The Ipoh High Court granted Indira full custody in 2010 and issued a committal order for Muhammad Riduan’s arrest in 2014 for contempt of court.
A mandamus order compelling the IGP to enforce the arrest and recovery orders was restored by the Federal Court in 2016 after a series of legal challenges.
Indira Gandhi was represented by lawyer Rajesh Nagarajan, while senior federal counsel Liew Horng Bin appeared for the IGP, the Royal Malaysia Police, the Home Ministry, and the government.
