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

MALAYSIA: The High Court here last week dismissed M. Indira Gandhi’s application for leave to initiate contempt of court proceedings against the Inspector-General of Police (IGP).

Indira has spent 17 years fighting in the Malaysian civil courts to locate her daughter and hold the police accountable for failing to enforce custody and arrest warrants against her ex-husband.

This is a landmark case in a decisive legal and social battleground for unilateral child conversion, custodial conflicts between civil and Shariah courts, and police accountability in Malaysia.

In her statement, Justice Norsharidah Awang said she made the decision after hearing submissions from both parties and dismissed the application with no order as to costs and 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 and that the court could not rule on non-compliance before investigations were complete, as that would be premature.

The court found the application was filed too early, with no prima facie evidence of deliberate disobedience.

She added that the applicant’s evidence, including claims about Sara 100 and Budi 95, was insufficient to justify 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 case represents a historic test of police enforcement and accountability.

Despite multiple High Court recovery orders and arrest warrants issued against the ex-husband, the Royal Malaysia Police (PDRM) failed to execute them for over a decade.

Indira’s subsequent lawsuit against the Inspector-General of Police (IGP) for “misfeasance in public office” came after alleged state agencies failed to enforce civil court mandates when they intersect with sensitive religious matters.