The Kuala Lumpur High Court has granted leave to commence contempt proceedings against National Registration Department (NRD) director-general over his purported refusal to issue a birth certificate, citizenship status and the MyKad to two individuals.
Judge Mariana Yahya allowed the leave application by the duo and their father during an online hearing today.
R Thirupathi, 45, and R Meena, 42, as well as their father M Ramanoojum, 90, are seeking to cite NRD director-general Ruslin Jusoh for contempt.
The alleged contempt was over the respondent’s purported refusal to abide by an earlier Court of Appeal order for the documents to be issued to Thirupathi and Meena.
According to the application for leave to commence committal proceedings, the two children and their father seek leave for an order for Ruslin to be sentenced to jail time and/or a fine for the alleged contempt.
The outcome of today’s online hearing was confirmed by lawyer M Manoharan (above), who represented the children and their father.
“The court has granted leave to initiate committal proceedings against the National Registration Department director-general, Ruslin Jusoh. Judge Mariana Yahya granted the order via email today,” Manoharan told Malaysiakini.
“The committal proceedings are for (the alleged) failure to comply with court orders to issue birth certificates and citizenship to Thirupathi and Meena,” he said.
Manoharan further said the Kuala Lumpur High Court fixed Dec 9 for case management and for the NRD director-general to show cause in the committal proceedings.
“He (Ruslin) must now come to court and show cause why he should not be cited for contempt in relation to the refusal to issue the birth certificates, citizenship and the MyKad,” the lawyer said.
According to the cause papers, the Court of Appeal had on Dec 13, 2013, ordered the respondent to issue the documents to Thirupathi and Meena.
The Court of Appeal ruling was in relation to the trio’s judicial review application to obtain birth certificates, citizenship and the MyKad.
The judicial review had named the Home Ministry's secretary-general, the NRD director-general and the Malaysian government as respondents.
The three respondents then had appealed to the Federal Court. However, on Jan 16, 2017, the apex court turned down the respondent’s appeal.
Ruslin was alleged to have committed contempt of court through a letter dated Nov 5 last year, whereby he allegedly refused to comply with the Court of Appeal order to issue the documents to Thirupathi and Meena.
Manoharan said that his client Ramanoojum had been in and out of Malaysian courts since 2007 in his bid to obtain birth certificates for his two children.
"My client is a 90-year-old father and he has waited years since 2007 to see his children become Malaysians. Fortunately, through our efforts, we won as Ramanoojum never gave up," he said. - Mkini
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