Family in dilemma: Roseli (centre) speaking to reporters outside the court. On the left is his lawyer Karthigesan.
SEREMBAN: The High Court here has allowed an application by the Negri Sembilan government and the state Islamic Affairs Council (Mains) to strike out an originating summons filed by the family of a deceased challenging his burial which had been carried out according to Islamic rites.
Judicial Commissioner Mohamad Haldar Abdul Aziz said the court arrived at the decision after perusing affidavits and written submissions filed by parties.
“The court, on the balance of probabilities, hereby allows the notice filed by the respondents to strike out the originating summons (by the plaintiff),” he said.
Roseli Mahat, the son of the deceased Mahat Sulaiman, had on July 31 last year filed an application to exhume his father’s remains which were buried at the Sikamat Muslim cemetery near here.
The 52-year-old plaintiff had said that his late father had been a practising Hindu since his birth in 1941.
Roseli said his five other siblings and he were born to Mahat and his wife of Indian origin.
He had named the Malaysian government, the National Registration Department (JPN), the Negri Sembilan government, Mains and the Inspector-General of Police as respondents.
He had also sought general and exemplary damages and costs.
Roseli had claimed that Mahat, who was 76 when he died, was of Baba-Nyonya (Peranakan) lineage and passed away at Hospital Tuanku Ja’afar here on Sept 9, 2017.
He was then told by the hospital authorities that since Mahat had a “bin” in his name, they were duty-bound to notify the religious department and await confirmation of his status from JPN.
He claimed that although he had informed the state Islamic authorities that his father was a Hindu, they went ahead and buried him according to Muslim rites.
Roseli said neither his siblings nor he had ever seen Mahat practising a Muslim way of life.
He had also claimed that the state Islamic authorities had failed to provide him with any evidence to show that Mahat had converted to Islam.
When met outside the court later, Roseli’s lawyer S. Karthigesan said his client would be appealing the decision.
“We will wait for the broad judgment and we will then file an appeal,” he said.
Roseli said he was disappointed with the court’s decision, adding that he was now worried if his family too would face the same situation after his own passing.
Roseli said he had been trying for years to prove that his father was not a Muslim and feared that his children and grandchildren would also face a similar predicament later.
Datuk Zainul Rijal Abu Bakar, who appeared for Mains, said the council’s argument was that the matter came under the jurisdiction of the Syariah Court and not the civil court.
“Also, if the plaintiff was unhappy with the decision to bury his late father according to Islamic rites, he should have filed a judicial review then and not wait this long,” he said, adding that the Syariah Court was the proper forum to look into the merits of the case.
Roziaton Mohd Nordin, who appeared on behalf of the state government, said the plaintiff’s action was not in line with provisions in the Government Proceedings Act 1956.
“The legislation clearly states that any action or civil proceedings against the government should be done within 36 months or three years.
“The plaintiff’s action did not meet that requirement and has already lapsed,” she added.
