NRD denies defying court order on MyKad issuance to stateless teen

The National Registration Department (NRD) denied claims that it was roadblocking a court order in the case of a 17-year-old stateless boy.

Instead, it said it was attempting to deal with the issue of document fraud that the boy's mother had allegedly committed in 2008, when she applied for the boy's birth certificate.

The case also involved the alleged illegal birth certificate issued by a hospital in Kuala Lumpur, which the NRD said has been blacklisted since.

"This issue is the basis for the inconsistency and document fraud recorded by the NRD before the matter of the individual's citizenship status was brought to court," it said in a statement today.

Hence, the NRD said it must first carry out document correction and verification processes to comply with existing legal provisions and registration procedures before it can issue any identity documents.

In a statement earlier today, Lawyers for Liberty (LFL) said the boy, known as CJ, had won the case on his citizenship status on Dec 8.

It said Kuala Lumpur High Court judge Alice Loke ordered Home Minister Saifuddin Nasution Ismail and the NRD director to issue a MyKad for CJ within 30 days of the latter's application.

"In unlawful and unjustifiable disobedience to the court order, Putrajaya NRD has obstructed CJ and his mother from making the application as required by the court order.

"Instead of giving CJ a MyKad application form in accordance with court directions, they have refused outright to do so," said the statement, issued by LFL executive director Zaid Malek, Latheefa Koya, and N Surendran.

However, the NRD insisted that its actions are in line with the legal framework.

"The High Court's decision is related to the determination of the individual's citizenship status, and its implementation by the NRD must be made in accordance with the existing legal framework.

“This includes the requirement for identity card registration for individuals over the age of 16 who are subject to the late identity card registration process," it added.

It added that it had provided CJ with a checklist for the late registration of identity cards as part of the process to implement the court order.

The NRD said the requirement for witnesses is not restricted to elected representatives, adding that it had provided a list of eligible people, which includes employers, tribe leaders, government officers, and professionals.

A visit to Putrajaya NRD

Latheefa told Malaysiakini that LFL plans to take legal action against Saifuddin if he does not respond to a letter over the alleged non-compliance with the court order.

A letter informing the minister of this was hand-delivered to him today, she added.

In their statement, the three lawyers expressed their intention to visit the Putrajaya NRD tomorrow morning with CJ and his mother.

"If the NRD and the minister refuse to give us the MyKad application form once again, we will not hesitate to apply to court for committal proceedings for contempt of court," they said.

Saifuddin cannot feign ignorance over the issue as representatives from the Attorney-General's Chambers were present when the court order was made, they added.

Latheefa further explained that CJ is a Form Five student and he lives with his disabled, widowed mother, who requires the use of a stoma bag.

He has been deprived of a MyKad since he was 12, when he first applied for it, she said.

"That is why we went to court in the first place, because the NRD was being difficult.

"Now, they are quite blatant in defying the (court) order," Latheefa said.

Countless forms

LFL's statement also questioned why one of the forms provided to CJ requires the signature of an elected representative, considering that the boy already has a court order.

"They are attempting to force CJ and his mother to complete countless other forms which are not required by the court order.

"None of these forms is an actual MyKad application form as ordered by the court. The forms contain 62 categories of documents under 24 different categories of forms.

"This is sheer bureaucratic madness," said LFL.

It said the mother and son have visited Putrajaya NRD three times since last month, but were sent away without the relevant application form.

On their first visit there, an official shouted at CJ's mother, it added.

"Where are the empty promises of the Madani government that they would resolve the problem of stateless Malaysians?

"When in opposition, the Pakatan Harapan coalition fished for votes using this issue. Now they are in power, is this the treatment of a mother and her stateless son?" it said.

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