SEREMBAN, Dec 21 — The High Court here yesterday allowed the application by the Negeri Sembilan state government and the Negeri Sembilan Islamic Religious Council (MAINS) to strike out an originating summons filed by a man seeking to exhume his father’s grave, who was buried according to Islamic rites seven years ago.
Judicial Commissioner Mohamad Haldar Abdul Aziz said the court made the decision after reviewing the respondent’s application, affidavit, and written submissions.
“On a balance of probabilities, the court has decided to grant the application filed by the third respondent (Negeri Sembilan state government) and the fourth respondent (MAINS) to strike out the originating summons as requested,” he said.
Roseli Mahat, 51, on July 31, 2023, applied the originating summons, naming the Government of Malaysia, the National Registration Department, the Negeri Sembilan state government, MAINS, and the Royal Malaysia Police as respondents.
The plaintiff, who was also in court yesterday, had previously claimed that his father, Mahat Sulaiman, born in 1941 and died on Sept 9, 2017, and was buried in the Muslim cemetery in Sikamat here, had practised the Hindu Baba Nyonya faith all his life.
Lawyer Roziaton Mohd Nordin, on behalf of the Negeri Sembilan state government, told reporters that two issues were raised: the plaintiff failed to name the tortfeasor (the party responsible for the negligence), and the applicant was barred by the limitation period.
“The applicant’s claim is baseless and an abuse of the court process. In fact, the applicant is barred by the limitation period under Section 2 of the Public Authorities Protection Act 1948.
“The plaintiff took a long time to initiate this action, after six years (from his father’s death), which is more than 34 months or nearly three years after the cause of action has ended,” she said.
The lawyer representing MAINS Datuk Zainul Rijal Abu Bakar said that the cause papers filed by the plaintiff were irregular and should be struck out. He also stated that the decision to determine whether the deceased was a Muslim at the time of his death falls under the jurisdiction of the Syariah Court, not the Civil Court.
“The Civil Court cannot interfere in this matter, and if the plaintiff is dissatisfied with the burial being conducted according to Islamic rites, he must file for a judicial review. However, that application has exceeded the time limit,” he said.
The plaintiff’s counsel, S. Karthigesan, said they would file an appeal against the decision at the Court of Appeal. — Bernama