Indira Gandhi fails in second bid to cite IGP for contempt over daughter recovery case

IPOH, June 25 — The High Court here today dismissed M. Indira Gandhi’s application for leave to initiate contempt of court proceedings against the Inspector-General of Police (IGP).

Judicial Commissioner Norsharidah Awang made the decision after hearing submissions from both parties and dismissed the application with no order as to costs.

In delivering her decision, Norsharidah said evidence before the court showed that investigations had commenced following the receipt of information, and that the investigative process was still ongoing.

“Under these circumstances, the court is unable to conclude that the proposed contemnors have failed or refused to comply with the court’s directions, as the very investigation ordered by the court has yet to be completed,” she said.

Norsharidah said the court could not make a finding of non-compliance before the investigative process had been allowed to run its full course.

“To do so would be premature and would amount to pre-judging matters that remain the subject of an active inquiry,” she said.

She added that the court was of the view that the application was filed before sufficient time had elapsed for authorities to investigate the newly surfaced information and take any action that might be warranted.

“As such, the court finds no prima facie evidence of deliberate disobedience,” she said.

Norsharidah also held that the evidence relied upon by the applicant, including the alleged utilisation of Sara 100 and Budi 95 by K. Pathmanathan, was insufficient to establish a prima facie case warranting the grant of leave to commence committal proceedings against the proposed contemnors.

“Based on the reasons stated above, the applicant has failed to disclose a prima facie case of contempt, and the application for leave to issue committal proceedings against the proposed contemnors is therefore dismissed, with no order as to costs.

“Notwithstanding the dismissal of the present application, the proposed contemnors remain under a continuing obligation to take all reasonable and proactive measures to execute the outstanding warrant of committal and to continue reporting to the court in accordance with the existing orders of the court,” she said.

This is the second time Indira’s attempt to cite the IGP for contempt of court has been rejected.

The first application was filed on Oct 28, 2020, naming the IGP, the Royal Malaysia Police (PDRM), the Home Ministry and the government as the first to fourth defendants. The High Court dismissed the application on Aug 2, 2022.

The second application was filed on Nov 17 last year and was heard by the High Court on Feb 27 this year.

Indira’s application centred on the police’s alleged continued failure to enforce the High Court’s orders issued on May 30, 2014, specifically to recover her daughter and arrest her former husband, Pathmanathan.