KUALA LUMPUR: The High Court here has granted leave for three Malaysian-born Indians to proceed with a judicial review over their failure to obtain MyKad.
Justice Zaleha Yusof made the order after meeting counsel Latheefa Koya who acted for applicants S. Letchumy and her daughters K. Sarojini and K. Mala and Senior Federal Counsel Shamsul Bol Hassan for respondents National Registration Department (NRD) director-general and two others.
Shamsul had earlier objected on grounds that the application was frivolous.
In the judicial review application filed on Dec 10, the applicants had named the NRD director-general, Home Ministry and the Government as respondents.
In the application, they are seeking a certiorari order to cancel the first respondent’s decision on Sept 29 last year, that the applicants were not qualified to apply for the citizenship under the Federal Constitution and the applicants had no claim as citizens by operation in law.
They are also seeking a mandamus order to instruct the first respondent to issue MyKads to declare Sarojini and Mala as Malaysian citizens.
The application stated that Letchumy, 70, was born in Tanjung Sepat, Selangor, and was the mother to Sarojini, 33, and Mala, 35, who were born in Banting, Selangor.
They stated that among the reasons for this application was that the first respondent had failed to consider the background of their birthplace.
The applicants are asking for damages and/or compensation as a result of being denied their rights stipulated under the Federal Constitution and other laws.
They are also asking for costs and other relief deemed fit by the court.
The Star, 22 January 2013