The tussle for Kelantan's throne is set to go straight to the Federal Court with Tuanku Ismail Petra Sultan Yahya Petra seeking to declare the ascension of his eldest son Tuanku Muhammad Faris Petra Ismail Petra as Sultan as unconstitutional.

tengku faris kelantan 130910 Tuanku Ismail filed a third petition this morning seeking the apex court's ruling on two points of contention in Tuanku Muhammad Faris' (left) rise to the throne in his father's absence.

Param Cumaraswamy, who is on Tuanku Ismail's team of lawyers, argued that Tuanku Muhammad Faris, while serving as regent, had no powers to amend the state constitution nor was he in a position to appoint new members on the Council of Succession.

Tuanku Ismail’s affidavit claims that Tuanku Muhammad Faris had - after being appointed regent on May 24 last year - replaced in stages members of the Council of Succession with new appointees.

Among those removed were his brother and tengku temenggong of Kelantan Tengku Muhamad Fakhry Petra and the Tengku Abdul Aziz Tengku Mohd Hamzah, the husband of his aunt, Tengku Merjan Yahya Petra.

The affidavit also questions the validity of a new provision Article 23A that Tuanku Muhammad Faris added to the state constitution when he served as regent.

The article on “Loss of sovereignty owing to great and serious defect”, allows the Council of Succession to appoint a successor as and when a ruler is considered to have “some great and serious defect derogatory to the quality of a sovereign”.

Petitions heard next month

Cumaraswamy said the first two petitions, filed on May 5 and June 22 this year, are scheduled to be heard by the Federal Court on Oct 23 and expects the third petition to be heard at the same time.

The apex court is expected to decide whether or not it has the jurisdiction to make a ruling in this case as it involves the royalty, whose cases are generally handled by a Special Court.

NONE "We hope for a full bench (at the Federal Court) to discuss this issue, which is very far reaching and may impact other states which have sultans," said Cumaraswamy  (left) at a press conference in Kuala Lumpur.

"This entire issue will be a test for our entire judiciary."

Cumaraswamy revealed that their third petition will focus on questioning the events leading to Tuanku Muhammad Faris’ ascension to the throne.

“This is tied to the question of whether the entire process is constitutional... the amendment, the appointments to the council of succession; it is all interlinked. We can’t split hairs here.

“The very fact that this issue is here, means the Sultan is still the Sultan and whatever that was done is unconstitutional,” he said.

‘Tuanku Ismail fully aware’

Cumaraswamy brushed aside speculation that the Tuanku Ismail’s deteriorating health has made him unfit for duty, saying the affidavits were prepared on his orders from and signed him.

                   

He vouched for the ruler’s ability to continue serving as Sultan of Kelantan, despite admitting not having seen the Sultan.

“He instructed us and he signed the affidavit. He is fully aware of his environment and everything around him. I have not seen him myself, but I don’t think I will have a problem accessing him,” he said.

NONE The legal tussle between Tuanku Ismail ( left ) and his son has been going on for several months now, culminating in Tuanku Muhammad Faris’s proclamation as the new Sultan on Sept 13.

Tuanku Muhammad Faris’ moves to replace appointees on the Council of Succession and to amend the state constitution drew flak from his family, including from his aunt Tengku Merjan, who has been one of the most vocal in opposing his rise to the throne.

Tengku Merjan, Tuanku Ismail’s elder sister, had said before that Tuanku Muhammad Faris’ ascension ran contrary to the state constitution.

She even filed a police report earlier in April, claiming that a conspiracy was under way to overthrow her brother from the throne. 

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