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COURT OF APPEAL PUTRAJAYA
MAHISHA SULAIHA ABDUL MAJEED – Appellant
Versus
KETUA PENGARAH PENDAFTARAN & ORS AND ANOTHER APPEAL – Respondent
| Date | Event |
|---|---|
| Up to October 2023 | The interpretation of the term "father" in citizenship provisions is based on its plain and ordinary meaning, specifically referring to the biological father. |
| Up to October 2023 | In cases of illegitimacy, the term "father" is to be construed as "mother," as clarified by section 17 of Part III. |
| Up to October 2023 | Citizenship laws are part of the Federal Constitution, and their interpretation must align with the intentions of the framers and constitutional principles of harmony and non-discrimination. |
| Up to October 2023 | Citizenship provisions are entrenched within the constitutional social contract, requiring proper constitutional processes, including involvement of the Conference of Rulers, for any amendments. |
| Up to October 2023 | Judicial reinterpretation to include "mother" in the term "father" without proper constitutional amendment is impermissible. |
| Up to October 2023 | The interpretation of citizenship provisions should follow a literal, harmonious, and purposive approach, avoiding absurdity or inconsistency. |
| Up to October 2023 | Amendments introducing gender equality principles should be interpreted consistent with original intent and constitutional safeguards, with any discrimination being narrowly construed or corrected through proper amendments. |
JUDGMENT
Introduction
[1] There are two related appeals before this Court:
(i) W-01(A)-273-06/2020; and
(ii) W-01(NCvC)(A)-531-09/2021.
[2] In W-01(A)-273-06-2020 ("Appeal 273"), the learned High Court Judge had dismissed the appellant's application for several declaratory orders on citizenship under the Federal Constitution (" FC "). This appeal is the appellant's appeal against the said decision.
[3] In W-01(NCvC)(A)-531-09-2021 ("Appeal 531"), the learned High Court Judge had allowed the respondents' application for several declaratory orders on citizenship under the FC . This is the Government of Malaysia's ("GOM") appeal against the decision of the learned Judge.
A: W-01(A)-273-06-2020/Appeal 273
Salient Facts
[4] The appellant ("Manisha") was born in Chennai, India on 1 October 1997. Her biological father, Abdul Majeed Gani is an Indian citizen, whilst her biological mother, Masnah Banu binti Kamal was confirmed as a Malaysian citizen on 11 July 1998.
[5] Manisha's parents were married under the laws of India on 10 June 1996. Subsequently they registered their marriage in Malaysia on 27 December 2005 at the Kulim Religious Department, District of Kulim, Kedah.
[6] M
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