Thursday December 29, 2005
High Court declines to intervene
BY CHELSEA L.Y.NG AND BEH YUEN HUI
KUALA LUMPUR: The Appellate and Special Powers High Court has ruled that it will not disturb the declaration that Everest climber L/Kpl M. Moorthy was a Muslim because the matter was under the jurisdiction of the Syariah Court.
“The Civil Court does not have the power to make a judicial review on the Syariah Court order, nor to ignore or nullify it.
“This court can only allow the widow’s application to declare herself the wife of Moorthy,’’ Justice Md Raus Sharif said, when rejecting all the other declarations sought by Moorthy’s 30-year-old widow S. Kaliammal.
They included declarations that her late husband was a Hindu who practised the Hindu way of life prior to his death last Tuesday and that any papers relating to his alleged conversion to Islam were null and void.
The court also threw out Kaliammal’s request to stop the Federal Territory Religious Council from claiming Moorthy’s body for burial pending her appeal to the Court of Appeal following objection by the senior federal counsel who appeared for the KL Hospital and Government.
After the judgment, a distraught Kaliammal said she had not lost the battle as her husband’s soul was still with her. Relatives and friends, who had earlier filled the courtroom to the brim, surrounded her as the mother of one spoke.
One of her lawyers A. Sivanesan said the family was disappointed with the decision.
“This decision is a setback for non-Muslims. It looks like there is absolutely no remedy in any court,” said Sivanesan.
Lead counsel M. Manoharan said it was up to the legislators and community leaders to take the matter up further.
“We Hindus believe whatever decision by the court is just in the world. The ultimate decision is by God,’’ said Manoharan.
The legal team later filed a notice of appeal at the High Court registry at 3pm.
At 2.45pm, Moorthy, whose Muslim name is Mohammad Abdullah, was buried at the Taman Ibu Kota Muslim cemetery in Setapak.
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