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Monday, September 20, 2010

Kelantan's Tuanku Ismail to challenge heir’s ascension


Param wants a full Bench of the Federal Court to decide the issues. — File pic
KUALA LUMPUR, Sept 20 — Lawyers acting for Tuanku Ismail Petra Sultan Yahya Petra today said the proclamation of his eldest son as the Kelantan Sultan was unconstitutional and would be challenged in court.

“Tuanku Ismail Petra is still the Sultan and we are seeking for the intervention of the Federal Court,” said Datuk Param Cumaraswamy, one of his lawyers.

He said Tengku Muhammad Faris was proclaimed as Sultan, on September 13, despite issues of law which were pending in the Federal Court.

Param claimed the proclamation prejudiced the position of his client.

The two questions before the Federal Court are whether the Regent has the full powers of the Sultan to reconstitute the Council of Succession and to amend the state constitution to facilitate his assent to the throne.

Param pointed out there are two legal issues that arise from the purported amendment and the appointment of the Regent as Sultan.

Firstly, he said it was premature for the Regent to arrogate to himself the power conferred to the Sultan considering that the issue was being considered by the Federal Court.

“Secondly, it seems invidious that the Council of Succession, whose very existence is in dispute, can choose and appoint the Regent as Sultan,” he said.

Today, a third petition was filed to specifically ask the opinion of the Federal Court on whether Tengku Muhammad Faris, as Regent, had the power under the state constitution to make the amendments.

He said as the issues are before the Federal Court those advising the Regent should desist from any further act which could prejudice the pending petitions.

The Federal Court is schedule to decide if it has jurisdiction to hear the first two petitions on October 23, and Param said it will probably also decided on the third petition.

“We want the Federal Court to sit as full Bench because the case has far-reaching consequences that may affect others states with Sultans,” he said.

Param added the issues were a test on the entire judiciary and whether it’s capable of handing down a verdict which was independent and fair.

He said Tuanku Ismail Petra was fully alert and signed the affidavit for the third petition yesterday.


courtesy of Malaysian Insider

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