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Friday, July 3, 2015

Court refuses review application on Sabahan’s NRIC

There was no written decision which could be made the subject of review, Judge finds.
mykad-sabah
KUALA LUMPUR: The High Court has dismissed an application by Sabahan contractor Idrus Bunting for a review of the status of his National Registration Identity Card (NRIC).
His lawyer Faizal Abdul Rahman said that Justice Asmabi Mohamad, who sits in the Appellate and Special Powers Division, made the decision in chambers on Friday.
“She dismissed the application on the ground that he had failed to prove that there was a case to be heard,” Faizal said outside the court, adding that the court had held that there was no decision in writing from the National Registration Department (JPN) which could be made the subject of a review.
Faizal said he will inform the decision to his client who may prefer an appeal.
The applicant, Idrus, in his late 40s, was born in Patau-Patau, Labuan, Sabah, and was the holder of an IC both in its old format and in its present form, the MyKad.
In 2013, he went to the National Registration Department (JPN) to lodge a report on his missing MyKad, and applied for a replacement.
However, JPN refused to entertain the application and told him verbally that six other individuals shared the same IC number with him.
He claimed that JPN officers blocked him from lodging a police report, and even threatened him with arrest if he did.
Faizal said his client maintains valid bank accounts, a driving licence, a company registered with the Companies Commission and holds a certification from the Construction Industry Development Board, all of which were secured using his MyKad.
“He was also a registered voter and used the MyKad to vote in the Subang Jaya constituency during the 12th general elections,” he said.
Faizal added that his client had gone in person to JPN to seek an explanation and clarification, but received no written response from the department.
“He then enlisted my firm’s help to ask JPN to conduct a full investigation into the matter,” he said.
However, JPN denied they had ever issued him with an IC and refused to acknowledge transactions performed using the MyKad, which the lawyer stated was disappointing.
In the suit, Idrus named the JPN, the Home Ministry and government as respondents.
He was seeking a judicial review, and had asked that JPN’s decision be set aside and for his MyKad to be restored to use.

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