A/HRC/7/10/Add.1 page 39 fulfilled. Mr. Moorthy’s conversion was duly registered, in accordance with the standard procedure. 158. On 11 November 2005, Mr. Moorthy fell from his wheelchair and was admitted to hospital in a comatose state. On 1 December 2005, Mr. Moorthy’s wife, Ms. Kaliammal, was informed that her husband had converted to Islam and should be given an Islamic burial in the event of death. She was shocked that she had not been informed about her husband’s conversion. According to Captain Shukri, Ms. Kaliammal had admitted that her husband had informed her of his intention to convert to Islam and asked to join him, which she declined. Although Mr. Moorthy did not inform his wife, not wanting to cause her grief, there was evidence of Islamic religious books at their residence, which were frequently read by Mr. Moorthy. 159. Mr. Moorthy passed away on 20 December 2005. The officers from the MAIWP wished to claim the body, to which the wife and family members had strongly objected. Ms. Kaliammal wanted to bury her late husband according to Hindu rites however the Director of the hospital had refused to hand over the body without a court order ordering the release of the body to a specific party. On 22 December 2005, MAIWP obtained an ex parte order from the Kuala Lumpur Shariah High Court, a competent court with jurisdiction to determine the validity of the deceased’s conversion to Islam, which inter alia affirmed that Mr. Moorthy had converted to Islam and thus ordered the release of his body to MAIWP for an Islamic burial. By virtue of the court order, the hospital released the body to MAIWP on 23 December 2005. However, because Ms. Kaliammal and her family members had objected to such release, the director of the hospital and MAIWP consented to wait for a decision by the Kuala Lumpur High Court on the Originating Summons filed by Ms. Kalliammal. 160. In the Originating Summons filed by Ms. Kaliammal on 21 December 2005, she prayed for the following declaratory orders: a) that she is the lawful wife of the deceased at the time of his death on 20 December 2005; b) that the deceased was a Hindu who practiced the Hindu way of life prior to his death; c) that the deceased was not a Muslim at the time of his death; d) that all documents pertaining to the conversion of the deceased to Islam were illegal, null and void; e) that the Director of the KL Hospital was to release the deceased’s body for the wife for burial; and f) an interim injunction to stop MAIWP from claiming the body of the deceased until the determination of this application. 161. MAIWP, the director of the hospital and the government of Malaysia conceded with a) but objected to the rest. In its decision of 28 December 2005 the Kuala Lumpur High Court allowed the prayer in a), however rejected the remaining prayers. The Court also decided not to disturb the declaration that the deceased was a Muslim on the ground that the matter was under the jurisdiction of the Shariah High Court. This decision was based on previous cases decided by the higher courts in Malaysia, to which the Kuala Lumpur High Court was bound. Finally, the Court also found that, according to Article 121 (1A) the civil court had no power to exercise judicial review on the Shariah Court order, and could not ignore or nullify it. 162. Mr. Moorty’s burial took place following the High Court decision of 28 December 2005, even though the Shariah High Court, the court of competent jurisdiction, had delivered its decision on 22 December 2005. Thus the Government found that the release of the body to the MAIWP was done pursuant the order of a competent court and after giving Ms. Kaliammal every