He was a Hindu but because his name was Kandasamy Sayapu, the National Registration Department (NRD) had apparently assumed he was a Muslim and this was noted on his identity card.

Kandasamy, a father of two, passed away in Banting on Saturday after suffering from a heart attack.

According to a report in Tamil Nesan today, his relatives had brought back his remains to their home after he was officially pronounced dead, the police were informed.

However, the police, upon checking his identity card, said only the Selangor Religious Department (Jais) can resolve the matter.

Kandasamy's remains were then taken from his home to the Banting Hospital mortuary.

His family members claimed that the deceased was not a Muslim and had failed to check his religious status on his MyKad.

In an immediate reaction, the Malaysian Hindu Sangam (MHS) has expressed "shock and disappointment" with the authorities' refusal to hand over the remains of the 45-year-old man to his family.

"The dispute is only on burial or cremation and not to deny the right (of his family) to care for his body," said its president A Vaithilingam in a statement today.

According to Vaithilingam, the NRD had arbitrarily declared the deceased as a Muslim on his identity card based on the name 'Sayapu'.

"For 45 years, no Islamic Department or any Muslim have even stepped into the home of the deceased to care or enquire on his health and welfare," he added.

He also said the director of the Banting hospital and the district police chief should have acted in a more humane manner by allowing the family to keep the body until the matter is resolved

In view of this case, MHS has urged all Hindus in this country to check their religious status on their MyKads.

No amendment to Article 11

In another development, Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz told the Dewan Rakyat that the government has no intention to amend Article 11 in the Federal Constitution concerning freedom of religion.

Responding to a question from Chow Kon Yeow, he said Malaysia has successfully maintained unity and harmony by recognising a person's right to religion.

Chow asked whether studies on the jurisdiction of the civil and syariah courts have been completed and on the steps taken to empower Article 11 in the efforts to harness an understanding and harmonious community

The jurisdiction issue came to the fore following the death of former army commando M Moorty when a tussle erupted between his widow and Islamic religious authorities.

S Kaliammal claimed that her husband was a practising Hindu while the former said he had converted and hence should be buried as a Muslim.

The situation heightened when the Syariah Court ruled - following an ex-parte application - that Moorthy had died a Muslim.

Following this, Kaliammal turned to the High Court but the court ruled that it had no jurisdiction over syariah matters. Kaliammal has since filed an appeal in the Court of Appeal.