Suit over Hindu man being
buried as Muslim struck
out
Roseli Mahat, a Hindu, sought permission from the High Court to exhume his father’s body and rebury him according to Hindu rites and customs.
Judicial Commissioner Haldar Abdul Aziz made the decision after going through the application of the two respondents, as well as the affidavits and written submissions filed by the parties, Berita Harian reported.
Roseli Mahat, a Hindu, was seeking permission from the High Court to exhume the body of his father, Mahat Sulaiman, from the Sikamat Muslim cemetery and rebury him according to Hindu rites and customs.
Mahat died on Sept 9, 2017, and was buried according to Islamic customs.
In his suit, Roseli, 51, had also sought general and exemplary damages and costs.
He had named the federal government, national registration department, Negeri Sembilan government, inspector-general of police and MAINS as respondents.
Roziaton Nordin, representing the state government, had said Roseli’s application was time-barred under the Public Authorities Protection Act 1948, which stipulates a three-year limit on such claims against the government.
She also said Roseli’s application was baseless and an abuse of the court process.
Lawyer Zainul Rijal Abu Bakar, representing MAINS, said it was up to the shariah courts, not the civil courts, to determine if the deceased was a Muslim or not at the time of death.
Roseli’s lawyer S Karthigesan said his client would be appealing to the Court of Appeal.
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