The body of Mount Everest hero M Moorthy was buried this afternoon after a tense morning in which the Kuala Lumpur High Court decided it had no jurisdiction to review a Syariah Court's ruling that the army commander had died a Muslim and should be buried accordingly.

At about 2:30pm, Moorthy's body was carried out of the Hospital Kuala Lumpur unit that prepares deceased Muslims for burial, and driven out of the gates amidst heavy police presence and a crowd of 150 curious onlookers.

The crowd had earlier gathered outside the courtroom next to the Sultan Abdul Samad building since 10am to await the court's decision .

High Court judge Mohd Raus Sharif said that Act 121 (1A) of the federal constitution clearly states that the civil court has no jurisdiction on matters pertaining to Islam and such issues should be handled by the Syariah Court.

His decision ended a week of tussling between Moorthy's family who had insisted he died a practicing Hindu and the Federal Territory Islamic Affairs Council, which maintain that he had converted to Islam.

Last Thursday, the Shariah Court, on an application by the religious council, ruled that Moorthy was a Muslim.

Heavy security

At the hospital, more than eight police officers were tasked with guarding the entrance and exit of the mortuary.

Many more security personnel struggled to ensure that not even journalists could get close to the coffin as it was placed inside the state religious authorities' hearse.

As the hearse drove out, a police outrider rode in front while at least four police cars followed behind to ensure the convoy arrived without incident at the Danau Kota Muslim cemetery near Camp Wardieburn in Setapak, Kuala Lumpur.

The burial was later performed under heavy security. However, the uniformed army soldiers that had made their presence conspicuous last Friday at the hospital were absent today.

Also absent at the hospital were most of Moorthy's family members and their lawyers, save for his elder brother Mohd Hussain ( left ), the only other family member to have converted to Islam.

Malaysiakini learnt that Mohd Hussain was also the sole family member to have entered the hospital unit to see his brother for the last time and witness the preparation of his body for burial.

"Whether the court decides he is a Muslim or Hindu, I want to be there for his funeral," he said outside the mortuary. "As for the other family members, well...".

Other family members and friends were however visibly upset with the court decision and had said they would not attend the funeral.

Though subdued, they and their supporters vowed their struggle for Moorthy to be recognised as a Hindu would not end today.

Justice through the courts

Met outside the court, Moorthy's brother-in-law, Chandran Periasamy, said the family members were "too upset" to attend the last rites.

Chandran, a former staff-sergeant, said the family would seek justice "through the courts".

Another friend of Moorthy, former sergeant Nagapah Kanay ( left ), said the family would not be satisfied until the religious authorities provide evidence to justify their taking of his body for a Muslim burial.

"If Moorthy had really converted, it was his right to do so," said Nagapah.

"But why didn't Kagat (the armed forces' Islamic religious corp) or the state Islamic department (Jawi) maintain a closer watch over him? Why did they allow him to continue staying with his Hindu wife and to continue practicing Hinduism?" said Nagapah.

An unidentified supporter criticised the decision to bury Moorthy without the benefit of family members to conduct prayers for him.

"What have you got to gain with burying Moorthy? None of the family members will be there at the funeral! What do you get, you the people of Islam," he said angrily.

The family's lawyer, A Sivanesan, said a notice of appeal would be filed at the High Court tomorrow morning.

Moorthy, 36, died last Tuesday at the Intensive Care Unit of Hospital Kuala Lumpur after sustaining serious head injuries from a fall from his wheelchair.

The former soldier was paralysed seven years ago after a training accident.

Moorthy joined the armed forces in 1988 and was one of the 10 individuals in the Malaysia Everest team - two of whom reached the peak of the world's tallest mountain on May 23, 1997, the first Malaysians to achieve the feat.