Friday, December 15, 2006

A. Rayappan's Family Files RM10 Million Suit Against MAIS

(Above: Palace Of Justice, Putrajaya, Not The Shah Alam Court)

The family of the late A. Rayappan, whose body was the subject of a nine-day tussle, filed a RM10 million against the Selangor Islamic Religious Council (MAIS) on Friday.


Rayappan's widow, M. Lourdes Mary, 65, her three daughters -- Mary, 46, Pushpa Mary, 40, Josephine, 44 -- and son, Lawrence, 39, sought general, exemplary, aggravated and special damages, citing MAIS for causing them emotional and mental duress and stress as a result of the body’s actions.

Lawyers A.Sivanesan and M.Manoharan, who are representing the family, filed the suit at about 3.30pm at the Shah Alam High Court.

Manoharan said another daughter of Rayappan, Jeyamary, will also be included later, bringing their claims to a total RM12 million.

Each of them are seeking RM2 million in damages.

Speaking to reporters after filing the suit, Sivanesan alleged that MAIS "misled" the Syariah Court by filing the case without having conclusive evidence on Rayappan's religion, claiming he is a Muslim, despite the family providing documentation that he had renounced Islam and returned to Christianity.

"MAIS together with the Selangor Religious Affairs Department (JAIS) was instrumental in stopping the family from claiming the body for nine days," said Sivanesan.

He added MAIS had refused to cooperate with them, being the family's lawyers, despite their corresponding with the officials on several occasions.

Sivanesan said the only time there was communication was when MAIS subpoenaed the daughters to give evidence at the Syariah court.

Manoharan said the family was also harassed to attend the Syariah court hearing despite refusing to do so.

He said the family was put in a state of indecisiveness, due to MAIS and JAIS intervention, which prevented them from proceeding with funeral plans.

Sivanesan said MAIS also acted irresponsibly when, after initially disrupting the body claiming process, did not have the courtesy to inform the Kuala Lumpur Hospital (HKL), the family nor the lawyers when they decided to withdraw their case at the Syariah Court.

Manoharan said the family does not want others who are in the same boat as their father to suffer in future.

"This has to stop and MAIS must in future refrain from involving itself in cases where the victim has renounced Islam after embracing it earlier," added Manoharan.

He added they will serve a sealed copy of the suit on MAIS for them to react. He will also ask the court for an early hearing. (TheSun)

***** This turn of events has all the makings of a very interesting case and a landmark decision or two can be expected. In a way it is a good thing as it will remove certain lacunae and areas of uncertainty which some authorities are using to their advantage with impunity.

Picture By Radio DJ

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4 Comments:

Anonymous Anonymous said...

bravo to the rayappan family! my condolence too! 'we' have to put pur feet down once and for all!

freedom of religion supporter

9:05 PM GMT+8  
Anonymous Anonymous said...

If it were my concern, I'd sue too. Sometimes the line between enforcing religious "laws" and 'jaga tepi kain orang bila tiada sebab munasabah langsung' is simply blurred to the extent of non-existence anymore.

My condolences to the family.

11:29 PM GMT+8  
Anonymous Anonymous said...

Good, at least now the religious fanatics will not be so happily snatching bodies again.

8:44 AM GMT+8  
Anonymous Anonymous said...

In the first place, WHy should we have two sets of laws & courts?

With:
1 two sets of laws & courts
2 various types of schools ie Malay, Chinese & tamil schools
3 Different Rights for Bumi-Malays, Bumi-non-Malays, Non-Malays etc.
4 Variuos race/ethnic based political parties
5 prominent race segregation in the public & private sectors
6 many others I may have left out...
Sooner or later, it is going to break into pieces. Yet, our sleeping PM was talking about Unity in TV yesterday. Pak Lah, wake up & do something rather than talking talking & talking..
First make everybody have equal right, then you talk about unity.

10:31 AM GMT+8  

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