Court dismisses govt's appeal to strike out mothers' child citizenship suit

Justice Datuk Azizah Nawawi, who led a three-member panel, in a unanimous decision, said the court found that it cannot be said that the amended originating summons is obviously unsustainable as it boils down to the interpretation of Article 14 and Article 8 of the Federal Constitution.

"Therefore, the appeal is dismissed with no order as to costs," said Justice Azizah, who presided over the appeal with justices Datuk Abu Bakar Jais and Datuk Seri Mariana Yahya in the proceedings conducted via Zoom.

Article 8 states that all persons are equal before the law and entitled to equal protection, while Article 14 is on citizenship by operation of law.

The government was appealing against the decision by the High Court on May 6, which dismissed an application by the Attorney-General's Chambers (AGC) to strike out the suit.

The panel made the ruling after hearing submissions from Senior Federal Counsel Ahmad Hanir Hambaly, who appeared for the government as an appellant, and Datuk Dr Gurdial Singh Nijar, representing the respondents.

The proper hearing of the suit has been set for Aug 24 before High Court judge Datuk Akhtar Tahir.

On April 27 this year, the government through the AGC applied to strike out the lawsuit, citing several grounds, including that the suit, which was filed by way of an originating summons, was scandalous, frivolous and vexatious and an abuse of court process.

They are seeking six specific court orders, including a declaration that Section 1(b) and Section 1(c) of the Second Schedule, Part II of the Federal Constitution be read harmoniously with Article 8 (2) to include Malaysian mothers as a condition for children born abroad to be given automatic Malaysian citizenship.

Among other things, they are also seeking a court order for all relevant government agencies, including the National Registration Department, Immigration Department and Malaysian embassies, to issue all documents relating to citizenship (including passports and identity cards) to children born abroad to Malaysian mothers with foreign spouses.