The mother of Teoh Cheng Cheng, whose body was seized by religious authorities on Monday, has filed for a declaration from the High Court in Penang today that her daughter is a non-Muslim.

Tan Mah Suan’s lawyer Ramkarpal Singh said three respondents have been named in the declaration - the Penang General Hospital, State Islamic Affairs Department (JAIPP) and State Islamic Affairs Council (MAIPP).

Tan filed the case under Order 29 of the Rules of the High Court, 1980.

Ramkarpal (centre in photo) said the suit seeks to declare Teoh, whose alleged Muslim name is Nora Teoh Abdullah, a non-Muslim as she has been a practising Buddhist.

He said Teoh's mother is also seeking an injunction to prevent the body from being disposed of by the hospital or other authorities.

“An order will be issued to the Penang General Hospital to release the body,” Ramkarpal told reporters at the High Court today.

“We are also seeking an injunction to order the defendants and their agents and their staff to release the body to Tan and her family members or their agents.

“There will also be an injunction to prevent the defendants from claiming Teoh’s body in any way, intervene or disrupt the surrender of the body to Tan and to finalise the funeral rites according to Buddhism or Taoism,” Ramkarpal added.

Tan is also filing for compensation and costs and any other order to be determined by the court.

Ramkarpal said the suit was filed to protect the interest of Teoh’s children who are currently under her mother’s care.

Accompanying him and Tan were lawyer S Raveentharan, and assemblypersons Lau Keng Ee (DAP-Pengkalan Kota) and Wong Hon Wai (DAP-Air Itam).

The Penang government has offered to help Tan in the case, as Chief Minister Lim Guan Eng had described the incident an “embarrassment”, while state executive councillor for Islamic affairs Abdul Malik Kassim had apologised to the family for the “insensitive act of body seizing” by JAIPP.

On whether Tan is seeking any costs or compensation, Ramkarpal said that would be determined by the court later.

“The priority is to retrieve the body and to declare Teoh a non-Muslim,” he said.

Awaiting Syariah Court’s decision

Ramkarpal said Tan’s legal team was also awaiting the Syariah Court’s decision at 2pm today.

“If the Syariah Court declares her a non-Muslim, this suit will be redundant. But there will definitely be an appeal,” he explained.

“If she is declared a Muslim, there will also be an appeal.”

Teoh’s body, which was supposed to be cremated according to Taoist rites on Monday, was seized by JAIPP.

Yesterday, the Penang Islamic Affairs Council (MAIPP), the administrative body of JAIPP, filed a case through syariah lawyer Wan Faridulhadi Mohd Yusoff, to obtain a declaration to ascertain Teoh’s religious status by the Penang Syariah High Court.

MAIPP named Teoh’s daughter, Medelyn Teoh as the respondent, and the court today heard the testimony of four witnesses - two representing the family and two others representing MAIPP.

Medelyn insisted that her mother was never a Muslim, and never embraced Islam because she never proclaimed the syahadah (proclamation of the Muslim) and never lived her life as a Muslim.

Teoh, 38, a waitress, had three children, aged between 10 and 17 years, with her Muslim boyfriend whom she never married, although she submitted an application to convert to Islam in 1997.