In filing to have the case dismissed, Zainul Rijal Abu Bakar, representing the Negeri Sembilan Islamic Religious Council (MAINS), said Roseli Mahat’s application was time-barred and that he should have filed for a judicial review instead of an originating summons.

The period for filing a judicial review had lapsed long ago, Zainul told judicial commissioner Haldar Abdul Aziz.

He said Roseli had never filed an application with the shariah court to declare that his deceased father was a Hindu under Section 61(3)(xi) of the Negeri Sembilan Islamic Religious Administration Enactment.

The Negeri Sembilan state government, represented by Roziaton Nordin, said the application was also time-barred under the Public Authorities Protection Act, which stipulates a three-year limit on such claims against the government.

Roseli, 51, was seeking permission from the High Court to exhume the body of his father, Mahat Sulaiman, from the Sikamat Muslim cemetery and rebury him according to Hindu rites and customs. Mahat died on Sept 9, 2017, and was buried according to Islamic customs.

Roseli also sought general and exemplary damages and costs.

He had named the federal government, the national registration department, the Negeri Sembilan government, the inspector-general of police, and MAINS as respondents.

S Karthigesan and K Kanagavalli, acting for Roseli, requested additional time to submit, as new issues were raised apart from those in the written submissions filed by the MAINS solicitors.

Haldar set Oct 14 for next mention of the case.