The widow of the late 'Everest hero' M Moorthy has challenged the Kuala Lumpur High Court's ruling that it had no jurisdiction to review the Syariah court decision over her husband's alleged conversion to Islam.

S Kaliammal filed her application for judicial review at the Court of Appeal in Putrajaya today, accompanied by her lawyers A Sivanesan, M Manoharan and R Kengadharan.

She disputes the claim by the Islamic religious authorities that her husband was a Muslim at the time of his death last month and that he should be buried accordingly.

"This goes to show that the matter is not closed, (despite) all the rumours and other things said even by some ministers," Sivanesan told reporters.

"She has decided to take it up to the highest courts. She is firm in her decision and she is not going to retreat under any circumstances until and unless she gets justice."

Deputy premier Najib Abdul Razak had been quoted as saying that Moorthy's case had been decided by the court and that there was no need to question it any longer.

Manoharan said a memorandum of appeal has been submitted to the office of the Court of Appeal President Abdul Malek Ahmad.

An application will also be filed for a certificate of urgency in the hope that the hearing will be heard as soon as possible, he said.

Controversy erupted after the Syariah Court ruled, following an ex-parte application by the Federal Territory Islamic Religious Council, that Moorthy had on Dec 20, 2005 died a Muslim and should be buried as one.

His wife maintained that the family has no knowledge of Moorthy's conversion from Hinduism and that they wanted a funeral based on Hindu rites.

Her application to obtain a High Court declaration was turned down by judge Mohd Raus Sharif, who ruled that "the civil court has no jurisdiction and cannot act to review the Shariah Court's decision".

The issue has led to dissatisfaction being expressed by various quarters, who traced the problem to Article 121 (1A) of the Federal Constitution, which separates the powers and jurisdictions of the civil and the Syariah courts.

Right of representation

At a press conference later together with the lawyers, DAP Secretary-General Lim Guan Eng said the aggrieved parties are not questioning the prerogative of the Syariah Court when matters only concern Muslims.

"We will accept (such) decisions, whether of the civil or the Syariah court. But at least we (non-Muslims) must have a right of representation," he said.

Kengadharan said the issue went beyond Kaliammal's case and is a "constitutional struggle" to ensure access to justice for all Malaysians.

"Do not under any circumstances, abdicate your powers. Hear us. She has come a long way, after a lot of work with determination and courage. Please, don't slam the door on her," he urged.

Moorthy, a former army commando who was on the Malaysian team that scaled Mount Everest in 1997, became paralysed from the neck down following a training accident in August 1998.

He was in a coma when he died 10 days after falling from his wheelchair while visiting a friend. Following the High Court ruling, his body was released to Islamic authorities for burial.