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2021 MarsdenLR 1220
HIGH COURT SABAH & SARAWAK KOTA KINABALU
ZULKIFLI ADIRIN & ORS – Appellant
Versus
DIRECTOR NATIONAL REGISTRATION DEPARTMENT SABAH – Respondent
[Originating Summons No: BKI-24NCvC-43/6-2020]
The court affirmed that birth certificates are the primary evidence of religious status, allowing the Applicants to amend their identity cards to reflect their non-Muslim status without needing a Syariah Court order.
Headnote:(A) National Registration Act 1959 – Section 14(1)(c) – Application for rectification of identity cards – Applicants sought to correct the clerical error by deleting 'Islam' from their identity cards as they were born non-Muslims, supported by their birth certificates – Respondent failed to contradict applicants’ claims, leading to their allegations being deemed admitted. (Paras 5 and 42)
(B) Evidence Act 1950 – Sections 61 and 62 – Birth certificates are conclusive evidence of the identity information of the holder – The NRD's registration of 'Islam' was not supported by sufficient evidence proving the Applicants' religious status. (Paras 10 and 41)
(C) Jurisdiction
Issues – The court clarified that it holds jurisdiction over determining the Applicants' religious identity, distinguishing it from apostasy cases requiring Syariah Court intervention. (Paras 19, 36-41)
(D) Constitutional Rights – Article 11(1) of the Federal Constitution safeguarding individuals' rights to profess or reject any religion – The Applicants have the constitutional right to correct their identity from 'Islam' to their original non-Muslim status. (Paras 12 and 34) (E)
Result: Application allowed.
JUDGMENT
(Enclosure 16)
[1] This is an application by the 1st, 2nd and 3rd Applicants (the Applicants) under s 14(1)(c) of the National Registration Act 1959 to correct or amend the clerical errors and/or particulars in their identity cards. The prayers and reliefs sought are as follows:
a) that the 1st, 2nd and 3rd Applicants be at liberty to correct the clerical error and/or amend the particulars in their respective Identity Cards, by deleting the word "ISLAM" contained therein;
b) that the Order be submitted to the National Registration Department together with a fresh application for replacement of Identity Cards for the 1st, 2nd and 3rd Applicants with the correct particulars; and
c) any other consequential orders.
[2] The grounds of this application which are set out in the Affidavit in Support affirmed by the respective Applicants are the same. In summary, the Applicants contend that they were non-Muslims since the time of their birth as evidenced in their birth certificates and their identity cards had erroneously referred to their status as Islam. As they have reached the age of majority, they wish to apply to correct and amend the particulars in their identity card by deleting the word "Islam" in strict compliance with the particulars contained in their Birth Certificate.
[3] To give a brief factual background to this application it is helpful to reproduce the material parts of the Affidavit in Support of the 1st Applicant as follows:
(i) I was born on the 4th day of July 1993 at the Keningau Hospital, Sabah.
I produce herewith a certified true copy of my birth certificate marked as "ZA-1".
(ii) According to my Birth Certificate my father is referred to as Adirin bin Quintin, holder of Identity Card No H0737119, while my mother is referred to Siti Ruhani binti Majid. Holder of Identity Card No H0922856.
(iii) According to my Birth Certificate, it is clear there is no mention of my religious status.
(iv) According to my Birth Certificate it is clear there is no mention of the religious status either my father or my mother.
(v) However, according to my Identity Card, my religious has been erroneously referred to as Islam.
I now annex a certified true copy of my Identity Card marked as Exhibit "ZA-2".
(vi) Now that I have attained the age of majority, it is important to correct the particulars in my Identity Card to remove the error by deleting word "Islam" in strict compliance with the particulars contained in my Birth Certificate.
(vii) Further, it is my Birth Certificate that is the primary document that shows my birth rights.
(viii) I pray for an order in terms of this application and that I am at liberty to submit a fresh application to the Director of the National Registration Department of Sabah for the replacement of Identity Card with the correct particulars.
Contention Of The Parties
[4] The Applicants contends that:
a) the present Application (Encl 16) is an Application by the 1st, 2nd and 3rd Applicants for an Order to rectify the contents found in the respective Identity Card of the Applicants by the deletion of the word "Islam" pursuant to s 14 (1 The Applicants are permitted to make correction if they, "has in his possession an Identity Card" containing any particular other than his address, which to his knowledge is incorrect shall forthwith report the fact to the nearest registration and apply for a replacement card with the correct particulars.) (c) of the National Registration Act 1959 .
The Applicants are permitted to make correction if they, "has in his possession an Identity Card" containing any particular other than his address, which to his knowledge is incorrect shall forthwith report the fact to the nearest registration and apply for a replacement card with the correct particulars.
b) The basis of the rectification is grounded on the information and/or particulars appearing on the Applicants' Birth Certificates.
c) Based on the information and/or particulars appearing on the Birth Certificates o
