MCCBCHST Press Statement: The Elangesvaran case decision

The MCCBCHST is saddened to learn that yet again, the body of a person who his family members say is Hindu, is being taken away by the Islamic religious authorities to be buried according to Islamic rites based on a Syariah court order given in the absence of the family.

We are equally saddened that the State governments of Perak and Penang ignored calls to ensure that the Islamic religious authorities seek the directions of the civil courts so as to allow the non Muslim family members of the late B Elangesvaran to be heard before a decision is made on whether or not he professed and practised Islam or Hinduism at the time of his death.

Disheartening also is the attitude of the learned High Court Judge who seems to have meekly obeyed an order made by the Syariah courts despite recent Federal Court pronouncements clearly stating that the Syariah courts have no jurisdiction in any dispute where non Muslims are involved. Instead of disregarding the unconstitutional order of the Syariah court, the High Court has yet again avoided its Constitutional responsibility to ensure that justice is done.

We are also disappointed with the Prime Minister, the Cabinet and the Attorney General. After the fiasco of the “Everest Moorthy” body snatching, we had been promised so many times that legislative reforms will be made to ensure that situations like this will not recur. Yet, nothing has been done. No attempts have been made to make meaningful changes although there has been a lot of talk of reform.

The nation cannot long survive a continuation of these gross injustices. It is rather poignant that it was the Regent of Perak who famously said last year that all of us have a place under the Malaysian sun. For the family of Elangesvaran living in Perak, the words of their Regent rings hollow.

Their right to have their say in Court has been held by the Federal and State governments, the Ipoh High Court, the Ipoh Syariah court and the Islamic religious authorities to be worthless.

Datuk A. Vaithilingam,
MCCBCHST PRESIDENT
08.07.2008