The Shah Alam High Court today ruled it has no jurisdiction to determine art director Mohan Singh's religion.

The court also ruled that as such the decision of the Syariah Court on June 4, which declared Mohan was a Muslim, was proper.

mohan singh funeral 060709 02 The High court ruling was based in an application by Mohan's family to demand the return of his body after he died of a heart attack on May 25.

Lawyer A Rajesh Kumar said his clients were devastated and had broken down upon hearing the ruling.

"The family is very disappointed with the ruling as they wanted to get his body and cremate (it) under Sikh rites, but it (the decision) was expected and we are now rushing to appeal," he said.

"We are hoping that the family will be allowed to appeal but the Muslim authorities now have custody of the body and they are expected to rush (through) a Muslim burial by today, which will make the situation worse."

Rajesh said High Court judge Rosnaini Saub had refused to grant a stay order on the ruling, which would have allowed the body to be kept at a hospital morgue pending the appeal.

"This makes it very hard because if we win on appeal, it would be difficult to exhume the body from a Muslim graveyard as that would upset Muslims," he told AFP .

mohan singh funeral 060709 rajesh kumar Rajesh ( right ) said the Islamic authorities claimed that Mohan, who had directed some local films, converted to Islam in 1992.

The family claimed that Mohan, 41, was a practising Sikh at the time of his death and that his religion is indicated on his identity card.

On June 4, the Selangor Islamic Council (Mais) obtained an order from the Shah Alam Syariah High Court that declared the deceased to be a Muslim.

Mais officers then tried to claim the body for burial but the Sungai Buloh mortuary would not release it because the High Court had instructed that it was to be kept there until the religious status is determined.

MAIS allows family to pay last respects

After the court decision, MAIS officers today managed to claim the body from the hospital despite Mohan's family filing an appeal.

mohan singh funeral 060709 01 Family lawyer Rajesh said the appeal will be heard at the Court of Appeal tomorrow but that might be too late for the family.

MAIS has confirmed that they would be burying Mohan at the Taman Selasih Muslim cemetery in Batu Caves.

However they have allowed the body to be taken to Mohan's house in Selayang for his family to pay their last respects.

mohan singh funeral 060709 03 The body was brought to the family home at about 6pm with the escort of two police patrol cars.

Mohan's remains would be taken to the Ameniah mosque at about 7pm and from there to the Muslim cemetery.

MAIS public relations officer Rohana Hassan said that the religious body had agreed to detour to Mohan's house to allow the family to see the remains.

"We have no problems with the family. We have agreed to let the family pay their last respects although it was not written in the court order," she said.

Rajesh meanwhile said that the family's appeal which would be heard tomorrow had become redundant now.

"Maybe I will just withdraw it tomorrow," he said.