By Asia Samachar | Malaysia |
The Federal Territories Islamic Religious Council (MAIWP) and the government have failed in their attempt to strike out a lawsuit filed by a man born into Islam who now seeks to be legally recognised as a Sikh.
The lawyer representing Shehzad Malik Muhammad Sarwar Malik said High Court judge Aliza Sulaiman dismissed both striking out applications when delivering her decision in an online proceeding, according to a local newspaper.
“The judge ruled that she wants parties to put in all evidence, documents and affidavits before she decides on this matter on its merits.
“She said this case was not suitable to be struck out by the way of a striking out application….The matter will now proceed to a full trial,” Rajesh Nagarajan told the New Straits Times.
“He is very eager to go forward to prove that he has never ever been a practising Muslim and hopes he will be successful in his claim,” Rajesh told the NST.
Aliza had previously heard submissions from Rajesh, MAIWP, who were represented by lawyers Ahmad Kamal Abu Bakar and Arik Zakri Abdul Kadir as well as senior federal counsel Zairani Tugiran, who acted for the government.
The report said Shehzad, as plaintiff, filed an originating summons on Dec 18, 2023 at the Kuala Lumpur High Court against MAIWP and the government as the first and second defendants.
Shehzad, who was born on June 25, 1996, had sought for declarations, among others, that he is an individual professing and practising Sikhism and not Islam.
He had sought a declaration for his religious status in the National Registration Department’s record be amended and corrected to being Sikh and be declared ‘Bilawal Singh Bhutter’ instead of Shehzad.
He said at all times, he professed and practiced Sikhism and has the constitutional rights to profess his religion of choice.
He said he acknowledges Sikhism as his religion and he cannot and will not, under any circumstances retract or abandon his Sikh religious beliefs and embrace any other religion.
MAIWP and the government had argued that Shehzad’s case should be heard at the syariah court instead of a civil court, rendering it unsustainable and must be struck out.
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