IPOH: The High Court has dismissed the application by M. Indira Gandhi for leave to commence committal proceedings for contempt against the Inspector-General of Police (IGP).
Justice Datuk Norsharidah Awang said that the evidence before the court showed that investigations had in fact commenced following the receipt of information regarding the whereabouts of Indira Gandhi’s former husband, K. Pathmanathan and that the investigative process was still ongoing.
"Under these circumstances, the court is unable to conclude that the proposed contemnors had already failed or refused to comply with the court's directions when the very investigation directed by the court had yet to be completed," she said.
She added that the court was of the view that the application had been filed before sufficient time had elapsed for the authorities to investigate the newly surfaced information and take any action that might be warranted.
She added that the court finds that the evidence relied upon by the applicant, including the alleged utilisation of Sara 100 and Budi 95 by Patmanathan, is insufficient to establish a prima facie case warranting the grant of leave to commence committal proceedings against the proposed contemnors.
"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 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 marks the second time Indira’s attempt to initiate contempt proceedings against the IGP has been rejected by the courts.
Her first application, filed on Oct 28, 2020, named the IGP, the police, 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 on Feb 27 this year.
Indira’s latest bid centred on the police’s alleged failure to enforce the High Court orders issued on May 30, 2014, specifically to recover her daughter, Prasana Diksa and the arrest of her former husband.
Prasana turned 18 in April this year. She was 11 months old when she was separated from her mother in 2009.
