Cabby speaks out over IC duplication
Hafiz YatimPublished: Mar 28, 2011 5:36 PM | Updated: Mar 28, 2011 6:55 PM
Taxi-driver Mohammad Daud Salleh believes that he is not the only one affected by identity card duplication, given that his cousin had also faced a similar problem.
Taxi-driver Mohammad Daud Salleh believes that he is not the only one affected by identity card duplication, given that his cousin had also faced a similar problem.
“The only difference is that my cousin accepted his new Mykad from the National Registration Department (NRD), while I do not want to, resulting in the court case I am facing,” he told Malaysiakini.
“Many people, I believe, choose the easy way out by replacing their identity card with a new one that has changes in the serial number. I don’t want to do so as the middle number - 08 - denotes that I am originally from Perak, and that I am certainly a citizen.”
Dau
d said the NRD had wanted to give him a replacement document with the middle number stated as 36, “which could mean my age is younger than 42, and I don’t want that".
“I am merely interested in safeguarding my right which the authorities had violated by asking me to accept the change in number,” he said.
Daud’s predicament started in 1993, when he applied to change his identity card, only to discover that a document with his name and number had been issued a year earlier to a foreigner.
“The person is an Indonesian who is married to a local. I was once arrested by the police for an apparent brawl in which I was not involved, but involving this dubious person.
“However, they noticed that a traffic summons had been issued in my name while I was being detained. Following this, the authorities released me as a case of mistaken identity.”
While he has come to know the identity of the person, who is based in Semenyih, the authorities have not acted on the problem.
Daud said he suspects that the NRD issued the document ‘under the counter’, since it looks like his identity card, except for the photo of a different person.
“I do not think the authorities are serious about nabbing the person, as such arrests would only further expose the NRD's caper. It would also cause hardship for the imposter's family,” he said.
RTD has two files
Daud has therefore filed a suit against former NRD director-general Kamarudin Nordin, the current director-general, along with the Home Ministry and the government. He is seeking a court order for the NRD to cancel the duplicated IC name and number.
He is also seeking reimbursement and exemplary damages over the department's “carelessness” that has resulted in many fruitless trips to various government offices to sort out the matter.
Today his lawyers
were successful in setting aside a strike-out application by the government and three other defendants in the Kuala Lumpur High Court. Following this, the matter will go for a full trial.
Daud claimed that he had gone to the NRD, Home Ministry, Bank Negara and even to the Public Complaints Bureau to no avail, after receiving questionable traffic summonses and notice of legal action for non-payment of loans.
“As a result of the confusion, I have to check my summons regularly - some which were not mine have had to be written off. I have to keep tabs on all my journeys,” he said.
“Furthermore, I understand the Road Transport Department (RTD) maintains two files - A and B - with one being for me and the other for the imposter.”
Daud said he is upset with the authorities for not acting on the situation, even calling them “traitors to the nation”.
He said the imposter is a foreigner. Yet he is able to live in this country and is able to exert the same rights as citizens.
“For all I know, the imposter's children may have my surname, which is wrong. Do the authorities know how many offences this person has committed?
“Firstly, he stole my identity, then he claims to be me in getting married, and his children bear my surname. In Islam all this is illegal and could result in his marriage being declared null and void, and the status of his children to be uncertain.
“This is very serious and the authorities should know they have not only violated human law but have also condoned the breach of Islamic law in registering the imposter's children.”
Legal advice
Daud said his decision to pursue legal action is not to seek publicity but to resolve the issue.
“Giving me a new identity card with a different number will not help. How would I know the old one has been cancelled? It may resolve my predicament in future but what about problems I have faced in the past?”
He said his former lawyer Karpal Singh (left) had advised him against accepting a new identity card as a solution.
“However, I admit that I fear for my life and the safety of my family every day. What if the imposter takes a loan from an illegal money lender and fails to pay it? My family would be placed in certain danger,” he said.
Daud claimed that even the police and RTD have to refer to the NRD whenever there is a case that apparently involves him, to make sure they are speaking to the right person.
When contacted, NRD public relations officer Jainisah Mohd Noor said: “This mainly happens (in the case of the) plastic laminated cards. There are still quite a number (of people) who have yet to replace it as some of them are abroad.
“We have asked the public to be careful with their identity card and change to MyKad which have safety features to provide verification.”
Asked if dubious cards could be used by ‘phantom’ voters, she said this was not possible.
This is because the Election Commission has a direct link with the NRD that will reveal the details and image of the voters.
“The only difference is that my cousin accepted his new Mykad from the National Registration Department (NRD), while I do not want to, resulting in the court case I am facing,” he told Malaysiakini.
“Many people, I believe, choose the easy way out by replacing their identity card with a new one that has changes in the serial number. I don’t want to do so as the middle number - 08 - denotes that I am originally from Perak, and that I am certainly a citizen.”
Dau
d said the NRD had wanted to give him a replacement document with the middle number stated as 36, “which could mean my age is younger than 42, and I don’t want that".“I am merely interested in safeguarding my right which the authorities had violated by asking me to accept the change in number,” he said.
Daud’s predicament started in 1993, when he applied to change his identity card, only to discover that a document with his name and number had been issued a year earlier to a foreigner.
“The person is an Indonesian who is married to a local. I was once arrested by the police for an apparent brawl in which I was not involved, but involving this dubious person.
“However, they noticed that a traffic summons had been issued in my name while I was being detained. Following this, the authorities released me as a case of mistaken identity.”
While he has come to know the identity of the person, who is based in Semenyih, the authorities have not acted on the problem.
Daud said he suspects that the NRD issued the document ‘under the counter’, since it looks like his identity card, except for the photo of a different person.
“I do not think the authorities are serious about nabbing the person, as such arrests would only further expose the NRD's caper. It would also cause hardship for the imposter's family,” he said.
RTD has two files
Daud has therefore filed a suit against former NRD director-general Kamarudin Nordin, the current director-general, along with the Home Ministry and the government. He is seeking a court order for the NRD to cancel the duplicated IC name and number.
He is also seeking reimbursement and exemplary damages over the department's “carelessness” that has resulted in many fruitless trips to various government offices to sort out the matter.
Today his lawyers
were successful in setting aside a strike-out application by the government and three other defendants in the Kuala Lumpur High Court. Following this, the matter will go for a full trial.Daud claimed that he had gone to the NRD, Home Ministry, Bank Negara and even to the Public Complaints Bureau to no avail, after receiving questionable traffic summonses and notice of legal action for non-payment of loans.
“As a result of the confusion, I have to check my summons regularly - some which were not mine have had to be written off. I have to keep tabs on all my journeys,” he said.
“Furthermore, I understand the Road Transport Department (RTD) maintains two files - A and B - with one being for me and the other for the imposter.”
Daud said he is upset with the authorities for not acting on the situation, even calling them “traitors to the nation”.
He said the imposter is a foreigner. Yet he is able to live in this country and is able to exert the same rights as citizens.
“For all I know, the imposter's children may have my surname, which is wrong. Do the authorities know how many offences this person has committed?
“Firstly, he stole my identity, then he claims to be me in getting married, and his children bear my surname. In Islam all this is illegal and could result in his marriage being declared null and void, and the status of his children to be uncertain.
“This is very serious and the authorities should know they have not only violated human law but have also condoned the breach of Islamic law in registering the imposter's children.”
Legal advice
Daud said his decision to pursue legal action is not to seek publicity but to resolve the issue.
“Giving me a new identity card with a different number will not help. How would I know the old one has been cancelled? It may resolve my predicament in future but what about problems I have faced in the past?”
He said his former lawyer Karpal Singh (left) had advised him against accepting a new identity card as a solution.“However, I admit that I fear for my life and the safety of my family every day. What if the imposter takes a loan from an illegal money lender and fails to pay it? My family would be placed in certain danger,” he said.
Daud claimed that even the police and RTD have to refer to the NRD whenever there is a case that apparently involves him, to make sure they are speaking to the right person.
When contacted, NRD public relations officer Jainisah Mohd Noor said: “This mainly happens (in the case of the) plastic laminated cards. There are still quite a number (of people) who have yet to replace it as some of them are abroad.
“We have asked the public to be careful with their identity card and change to MyKad which have safety features to provide verification.”
Asked if dubious cards could be used by ‘phantom’ voters, she said this was not possible.
This is because the Election Commission has a direct link with the NRD that will reveal the details and image of the voters.
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