The Federal Court - the country’s highest court - has today dismissed the petition filed by the former Kelantan sultan to challenge the power of the regent in assuming the throne.

The decision was announced by Federal Court judge Zulkefli Ahmad Makinuddin who led the three-member panel. The other two judges were Md Raus Shariff and Abdull Hamid Embong.

In handing down the unanimous judgment on two of three petitions filed against the present Kelantan ruler, Zulkefli Ahmad said the regent was vested with all the powers of the sultan.

NONE Kelantan Regent Tengku Muhammad Faris was proclaimed the 29th sultan of Kelantan on Sept 13, amidst claims of an attempt by 'conspirators' to oust his father from the throne.

He is now called called Sultan Muhammad V.

As Sultan Ismail Petra Yahya Petra  had been seriously ill, the regent invoked Article 23A of the state constitution to ascend to the throne.

The article states that the Council of Succession can appoint a new ruler in the event that the incumbent suffers a 'major disability' for a period of 12 months.

NONE The Kelantan royal household has been in turmoil since Sultan Ismail Petra suffered a major stroke on May 14 last year.

This paved the way for Tengku Muhammad Faris - the eldest of the three princes - to be appointed the acting sultan.

He then removed his youngest brother Tengku Muhammad Fakhry - a contender for the throne - from the Council of Succession. Muhammad Fakhry's legal challenge to this failed.

Only one can attend to state affairs

Justice Zulkefli in his 33-page judgement said the court was of the view there can only be one individual attending to the affairs of Kelantan at any one time.

"In this instance, due to the incapacitation of the petitioner (Sultan Ismail) the Regent of Kelantan and the acting ruler of the state is the only person entitled to exercise the powers of ‘his royal highness' within the meaning of the Kelantan constitution."

"The petitioner being incapacitated cannot be exercising such a power unless he has recovered from such incapacitation," he said.

Justice Zulkefli also said that in his incapacitated condition Sultan Ismail, pending the ascension of the regent, is unable to exercise his powers as His royal highness under the Kelantan constitution.

Last year, the Kelantan royals were embroiled in another controversy when the teenage wife of the younger son, Tengku Muhammad Fakhry, slipped away and returned to her family in Indonesia alleging abuse, rape and torture by the prince.

The former ruler's lawyer Azhar Azizan Harun said the court disagreed with their assertion that as regent, Tengku Muhammad Faris' authority and powers were limited.

"The effect of today's ruling is that once the regent is appointed, he is able to exercise all royal functions," he said.

Azhar said the court had yet to rule on a third petition which challenged the present Sultan's amendment of the state constitution in order to allow for more grounds to declare his father incapacitated.

"No date has been set for a ruling on the third petition and I will have to seek instructions from my client on how to proceed," he said.