Indira Gandhi fails in appeal to cite IGP for contempt
The Court of Appeal says it is bound by a 2016 Federal Court ruling which refused to compel the inspector-general of police to recover Prasana Diksa.
PUTRAJAYA: The Court of Appeal has dismissed kindergarten teacher M Indira Gandhi’s application to initiate contempt proceedings against the inspector-general of police (IGP) for allegedly failing to find and return her daughter.
Justice Azizah Nawawi, who chaired a three-member panel, held that the court was bound by a 2016 Federal Court decision which rejected an order to compel the IGP to recover Prasana Diksa.
Azizah said the apex court refused to grant the recovery order as there were conflicting orders issued by civil and shariah courts as regards Prasana’s custody.
The civil court had granted Indira the custody of Prasana and her other two children, Tevi Darshiny and Karan Dinesh, while the shariah court had issued an order favouring Indira’s former husband, Muhammad Riduan Abdullah.
Riduan took Prasana away from Indira on March 31, 2009. He also converted all three children to Islam. However, another apex court panel quashed their conversions.
“The Federal Court had decided that the High Court should not grant the recovery order to her, and the IGP can be excused for not taking action (to find Prasana).
“We (appeals court) are bound by the Federal Court’s decision.
“Since the application to initiate contempt is premised on the recovery order that was erroneously granted, she (Indira) has no basis to seek leave (to commence contempt proceedings),” said Azizah.
Also on the panel were Justices Che Ruzima Ghazali and Hashim Hamzah.
The court also ordered Indira to pay RM10,000 in costs to the government.
Indira was represented by lawyers Rajesh Nagarajan and Sachpreetraj Singh, while senior federal counsel Mankiranjit Kaur appeared for the government.
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