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Selvam told Malaysiakini that Elangesvaran was never a Muslim and had always been a practicing Hindu.
My stepbrother has special affection towards Lord Ganesha (the Elephant God)
However the judge ruled that:
the High Court has no jurisdiction to decide over an earlier Syariah Court ruling
This despite the fact that no proper proof was submitted on the conversion.
Their family’s lawyer, Karpal Singh will however go ahead with an appeal to the higher court to seek a landmark decision “to once for all end controversies arising from cases of this nature.”
He believed the grounds for Balia’s decision could be challenged since Syariah Court’s jurisdiction covers only Muslims and it could only make rulings on Islamic apostasy, “not when it involves a person’s religious identity.” “Only civil courts can rule on whether a person is a Muslim or not,” he told journalists outside the chambers.
Karpal said it was wrong for the Perak Islamic religious authority to file for a decision at the Syariah Court when the case was pending at the Penang High Court, thus putting “unwarranted and undesired” pressure on judge Balia.
“It was a direct interference by the Syariah Court into the judicial powers of the civil court.”
Meanwhile HINDRAF representatives expressed shock over the ruling:
Describing the decision as shocking, Hindraf national coordinator RS Thanenthiran suggested that “Syariah Court seems more powerful and prevailing over civil courts when the federal constitution says otherwise. This is injustice to Elangesvaran family and the Hindu community at large. “I urge the Appeals Court to make an ultimate and fair decision to put to rest this persisting controversy,” he said.
Hindraf Perak coordinator A Vethamurthy said the decision today implied that “it was waste of energy, time and resources for non-Muslims to seek justice through the civil courts.”
I think there’s something more sinister to this story. Who is Elangesvaran? Why is he important until the religious people want to snatch his body without providing any proof? Why did Elangesvaran continue living with his non-Muslim wife if indeed he converted? Why did he commit suicide knowing that suicide is a big sin in Islam? Will the religious hooligans try to snatch the children as well citing that Elangesvaran already converted them? His wife better send the kids overseas as a precaution.
