A son has turned to the courts for the right to exhume his father who was given an Islamic burial seven years ago so the deceased could be reburied as a Hindu.

However, the Negeri Sembilan Islamic Religious Council (Mains) seeks to nullify the lawsuit on grounds it was filed late as Mahat Sulaiman passed away in the early hours of Sept 9, 2017.

Mains counsel Zainul Rijal Abu Bakar confirmed that the Seremban High Court part-heard the striking-out application yesterday (no decision yet on the bid).

The religious authorities contended that the suit, which targeted Mains as well as the federal and state governments, should be quashed as it should have been filed three years following the incident.

Via the originating summons filed on July 31 last year, Roseli Mahat seeks to exhume the body of his father Mahat, who was buried at Tanah Perkuburan Islam at Sikamat, Negeri Sembilan.

The 51-year-old plaintiff claimed that his father was a Baba Nyonya Hindu practitioner since birth in 1941.

Roseli claimed that he and his other five siblings were sired through the marriage of Mahat and an Indian ethnic mother.

The plaintiff explained that a fire destroyed his family’s identification documents 36 years ago and that a reissued document put “bin” to Mahat’s name.

Roseli alleged the problem arose on the day his father died at Tuanku Jaafar Hospital when staff there prevented him from arranging the Hindu funeral rites for Mahat.

Roseli claimed that hospital staff cited the reason being Mahat’s name has “bin”, which signified the Islamic faith.

Roseli said while he was trying to get official confirmation of Mahat’s religious status, Mains officers came to the hospital around 9am on Sept 9, 2017, and took the deceased’s body for Islamic burial.

“I believe that the respondents’ (Mains) action of proceeding with the wrongful burial without the permission of the deceased’s kin is against the law.

“I and the other kin were very truly shocked by the respondents’ unserious (lewa) and inhumane (tidak berperikemanusiaan) action when it is us kin who has the right over our father,” Roseli said in the affidavit.

Help sought to no avail

The plaintiff pointed out his further checks a few weeks later in September that year found his father’s birth certificate revealed the deceased was not a Muslim.

Roseli claimed he was forced to resort to the civil court last year after repeated efforts to seek help from various political parties did not bear fruit.

He alleged this included his dealing with DAP’s P Gunasekaran and J Arul Kumar, who merely highlighted the issue to the media and nothing more.

Roseli claimed in 2018, via Parti Sosialis Malaysia, that he wrote to then-minister in the Prime Minister’s Department Mujahid Yusof Rawa to seek a meeting to discuss the issue, but no reply came.

The aggrieved son also claimed he received no reply to his letter to Negeri Sembilan Menteri Besar Aminuddin Harun to help arrange a meeting between Mahat’s kin and Mains.

Law firm Karthig Shan is acting for Roseli.

Mains was also represented by counsel Muhammad Hafiz Md Yusoff, Danial Farhan Zainul Rijal, Ali Huzaifah Sharif Ahmed, and Ahmad Khalil Md Rofiee.

State legal adviser Roziaton Mhd Nordin appeared for the Negeri Sembilan government.

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