By Melissa Darlyne Chow

GEORGE TOWN, MALAYSIA: The family of Elangesvaran Benedict failed in their bid to bury him according to Hindu rites after their application for an injunction was dismissed yesterday.

High Court judge Datuk Balia Yusuf Wahi, who delivered the decision in his chambers, ruled that there was no merit in the application made by the family.

Counsel Karpal Singh said he had filed a notice of appeal on behalf of Elangesvaran's family.

Karpal said if the appeal was successful, a very delicate and sensitive situation would arise if Elangesvaran was declared a Hindu.

He noted that the body could then be exhumed and buried according to Hindu rites "which will be very traumatising for the family."

Elangesvaran's body was buried last night in Parit Buntar by the state religious council. His brother, S. Selvam was distraught over the decision.

"I am very disappointed with the justice system in this country."

Elangesvaran's family is disputing the Perak and Penang religious departments' claims that he was a convert.

Elangesvaran, 34, committed suicide on June 22 and his body was sent to the Parit Buntar Hospital for a post-mortem.

His family was later told that they could not claim it for burial as Elangesvaran was a convert.

They filed a summons at the High Court here, claiming that Elangesvaran had always been a Hindu and died as one.

On Friday, Balia Yusuf dismissed an interim injunction sought by Elangesvaran's family to prevent the religious authorities from claiming his body.

However, he granted a stay which prohibited anyone from removing the body after Karpal and RSN Rayer said they would be filing another injunction to restrain the religious authorities from getting the body.

The Perak Religious Council was represented by Asmuni Awi and assisted by Hatijah Salleh.

Ruzaimah Mohd Ridzuan appeared for the Parit Buntar Hospital while the Penang Islamic Religious Council was represented by Yusnita Yusuf.