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7th July, 2009
SHAH ALAM: The Shah Alam High Court yesterday dismissed a judicial review applied by the family of now-deceased art director Mohan Singh because the case was under the jurisdiction of the Selangor Syariah Court.
Judge Rosnani Saub said that since she made a finding that Mohan’s Sijil Akuan Masuk Islam in the 1959 Penang Enactment proved he had converted to Islam in 1992, the Syariah Court should therefore, have the jurisdiction to determine whether he was still a Muslim or otherwise, at the time of his death.
“This is provided for under Section 61 (3)(b)(xi) of the Selangor State Enactment and by virtue of Article 121(1A) of the Federal Constitution, this court has no jurisdiction over the matter,” she said when reading her written judgement on the case here yesterday.
She said the Sijil Akuan Masuk Islam was sufficient proof that Mohan converted to Islam in 1992, with the conversion taking place in Penang; pursuant to Section 113 (2) of the Selangor State Enactment, he was to be treated as Muslim in this state and subjected to the provisions of the Selangor State Enactment.
The fact that Mohan’s lifestyle and conduct was inconsistent of a Muslim convert, did not alter his status as a Muslim in the eyes of the existing laws, added Rosnani.
She said: “In the state of Selangor, a Muslim shall, at all times, be acknowledged and treated as a Muslim, until and unless a declaration is made by the Syariah Court that he no longer is a Muslim.”
Rosnani said the application of judicial review was dismissed with costs to the health ministry director-general, Sungai Buloh Hospital director, Selangor Government, Malaysian Government and Selangor Islamic Religious Council (MAIS).
She added that the High Court which granted an interim order dated June 1, this year, disallowing the hospital to release the body to any party until disposal of the civil proceedings, was also dissolved.
Mohan’s family applied for the judicial review to quash a decision by the ministry’s director-general and hospital director for not allowing it (family) to claim his body from the hospital, as well as requesting a confirmation from MAIS, whether the deceased died a Muslim or otherwise.
The judicial review also contained a mandamus order that the ministry’s director-general and hospital director release Mohan’s body to the family for cremation, according to Sikh religious rites.
Rosnani said the decision by the ministry director-general and hospital director not to release the body of the deceased to the applicants was justified and reasonable as the Shah Alam Syariah High Court had already issued a declaration that Mohan died a Muslim, and therefore, MAIS would be the appropriate authority to conduct a Muslim burial for him.
Mohan, whose Muslim name was Mohammad Hazzery Shah Mohan Abdullah, died at an apartment in Damansara Damai on June 25, this year, as a result of heart attack, according to a post-mortem at the hospital.
At the proceeding, the applicants comprised the deceased’s sisters Baldi Kaur, J. Belvikohr (Belvikohr), Jaswant Kaur and P. Nagamuthu. They were represented by counsel Rajesh Kumar.
One of the respondents, MAIS, was represented by Zainul Rijal Abu Bakar while Mohd Radhi Abbas appeared for the other respondents, Malaysian Government, ministry director-general and hospital director.
Mohd Radhi told reporters after the judgement that MAIS would be responsible in giving a Muslim burial to the deceased.
Meanwhile, MAIS public relations officer Rohana Hassan told reporters that the agency would claim the body for burial in the evening at the Muslim cemetery in Sungai Buloh.
However, she said MAIS would allow Mohan’s family to pay their last respects to the deceased before burial.
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