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DISCOVERY APPLICATION – HIGH COURT ORDERS JPN TO DISCLOSE FAMILY TREE — STATUTORY RIGHT OVERRIDES ADMINISTRATIVE SECRECY

1. Summary and Facts:
V Kalanathan a/l Veeran v Ketua Pengarah Jabatan Pendaftaran Negara (JPN) & Ors [2025] 12 MLJ 529 concerns on the applicant owned a half of property, while the other co-owner had died in 2019. Since then, no one had applied for letters of administration, and the applicant who claimed to be the deceased’s nephew did not know who her lawful beneficiaries were. His initial attempt to be appointed as administrator was rejected because he could not prove he was the only person entitled to apply. He then applied for discovery against JPN under O 24 r 7A Rules of Court 2012 (“ROC 2012”), seeking the deceased’s family tree information. JPN objected on the grounds of including confidentiality, official secrets, lack of prior request, restriction by its internal circular, and that the application was a fishing expedition.

2. Legal Issues:
• Whether JPN must disclose the deceased’s family tree as a discoverable document.
• Whether the information is blocked by JPN’s internal circular.
• Whether the prior request is necessary before applying O 24 r 7A ROC for discovery.
• Whether the application was a “fishing expedition”.

3. Court’s Findings:
• The High Court allowed the application for discovery and ordered JPN to disclose the deceased’s full family tree.
• The information in JPN’s register is defined as document under O 1 r 4(1) ROC 2012 & Evidence Act 1950.
• The JPN Circular 15/2020 does not override statutory rights under ss 6(1) & 31 Births & Death Registration Act 1957 as the circular only applies to enforcement agencies.
• The information is relevant and necessary to determine lawful beneficiaries and to obtain LOA.
• The application is not a fishing expedition because the deceased’s identity and death certificate were known.
• It is no requirement for prior request before applying O 24 r 7A ROC 2012 for discovery.

4. Practical Implications:
This judgment affirms the several principle of laws including:
• Courts will compel public bodies like JPN to disclose data if it is necessary for administering justice.
• JPN Circular 15/2020 cannot limit statutory rights under the Births & Death Registration Act.
• Application for discovery under O 24 r 7 is applicable in the case to request certified searches under s 31 of the Births & Deaths Registration Act.

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