The Federal Court today struck out former Kelantan ruler Tengku Ismail Petra's petition challenging the proclamation of his son as his successor.

Tengku Ismail's counsel did not appear before the apex court today.

This is the third and final petition , filed by Tengku Ismail's lawyers on Sept 20 last year, to be struck out by the court.

NONE The two other petitions were dismissed on Jan 18, after lawyers representing Tengku Ismail ( right ) had discharged themselves.

With this, all legal obstacles faced by Sultan Muhammad V as the new ruler has been overcome - unless the issue is taken to the Special Court.

Counsel Sunil Abraham raised the issue of no locus standi for Tengku Ismail in bringing up the matter before the court, for such a matter should have been heard before the Special Court, since the Federal Court had recognised Sultan Muhammad V as the rightful ruler of Kelantan.

Furthermore, the issue was non-justiciable in the civil court, owing to the fact that rulers are now only subject to the Special Court set-up by the government under a Federal Constitution amendment, he said.

 

He said since the applicants who filed the petition was not represented, the first respondent applied for it to be struck out.

Unanimous decision is reached

The three-member panel that heard the matter was led by Court of Appeal president Justice Alauddin Md Sheriff.

The other members who arrived at the unanimous decision are Federal Court judge Mohd Ghazali Mohd Yusof and Court of Appeals judge Hasan Lah.

Kelantan state legal adviser Azlan Abdul Halim appeared for the Kelantan government, which was named as the second respondent in Tengku Ismail's application.

The two other petitions filed on May 5, 2010, which were dismissed, sought the Federal Court's opinion on:

a) Whether the regent of the state, acting during the sultan's incapacitation, was entitled to assume for himself the full powers of the sultan, to so conduct himself as if the sultan was no longer the sovereign of the state; and

b) Whether the regent, acting as such during the sultan's incapacitation, had the power or authority: (i) to remove any member of the Council of Succession appointed by the sultan, and (ii) to appoint other persons in their place in the Council of Succession.

Tengku Muhammad Faris Petra was proclaimed   the new ruler on Sept 13, 2010 with the title of Sultan Muhammad  V.