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Friday, November 26, 2010

Ex-Kelantan Ruler’s challenge against son dismissed

November 26, 2010

Sultan Muhammad V (Tuanku Muhammad Faris). — Bernama pic
PUTRAJAYA, Nov 26 — The Federal Court dismissed today former Kelantan Ruler Tuanku Ismail Petra Sultan Yahya Petra’s arguments that his son Tuanku Muhammad Faris Petra did not have the power to abdicate his father and become the state’s new Ruler.

The court ruled that the former Sultan had no legal right to refer questions of law which includes the meaning of the phrase “His Royal Highness” to the Federal Court for determination.

It also ruled that Tuanku Muhammad Faris Petra, the current Sultan, had the exclusive powers to carry out royal functions when he was the Regent during a Sultan’s incapacitation.

Federal Court judge Justice Zulkfeli Ahmad Makinudin, who chaired a three-man panel, said the decision was unanimous.

Also on the panel were Federal Court judges Justices Md Raus Sharif and Abdul Hamid Embong.

Tuanku Ismail Petra filed the petitions on May 5, June 22 and Sept 20 respectively asking the Federal Court to determine the meaning of the phrase “His Royal Highness” and fundamental liberties of the Sultan.

Tuanku Ismail Petra had filed two petitions against Sultan Muhammad V (Tuanku Muhammad Faris) to question his powers to reconstitute the Kelantan Council of Succession, the fundamental liberties of the Sultan, and his powers to amend the constitution to authorise the Council of Succession to appoint a successor to the reigning Sultan.

He has remained incapacitated after suffering a stroke on May 14 last year, paving the way for the council to name his 35-year-old son as Regent last year. - Malaysian Insider

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