PUTRAJAYA: The world's first habeas corpus application to free a ruler could not take place at the Special Court today due to a lack of quorum of judges.
The Special Court, catered just to hear cases involving the Malay royalty, was to have heard an application to “free” the Kelantan's Sultan Ismail Petra Sultan Yahya Petra but the lack of quoram of judges meant that a new date will have to be fixed to hear the application.
The Federal Constitution states that the Special Court must consist five judges to hear the matter but the panel only had four judges available this morning.
The panel hearing the application comprised Chief Justice Zaki Azmi, who chaired the court, Chief Judge of Malaya Ariffin Zakaria, Federal Court judge Zulkefli Ahmad Makinuddin and High Court Justice Linton Albert.
The application, before the adjournment, was held behind closed doors this morning as per the requirement of Section 14A of the Rules of the Special Court 1994.
The habeas corpus application was filed by lawyers for the sultan last week to secure his release from the Universiti Sains Malaysia Hospital (HUSM) in Kubang Kerian where he has been admitted since Tuesday.
He was however discharged yesterday and it is still unclear for now if the application will continue due to this development
Held against their will?
The affidavit supporting the habeas corpusl application was made by the Tengku Temenggong of Kelantan, Tengku Muhammad Fakhry Sultan Ismail, the third son of the Sultan. The Sultan of Kelantan was named as the applicant.
The writ named five respondents -- the Kelantan police chief, Inspector-General of Police, Director-General of Hospital Universiti Sains Malaysia, Kubang Kerian, Kelantan, Director-General of Health and the government of Malaysia.
The team of lawyers representing the sultan consists of Param Cumarasamy, Gobind Singh Deo, Mohd Haaziq Pillay, Abdul Rashid Ismail and Malik Imtiaz, and is headed by Raja Aziz Addruse.
The Special Court was set up in 1993 to hear any proceedings by or against the Yang di-Pertuan Agong or the ruler of a state in his personal capacity.
On Wednesday, Haaziq and Gobind were refused entry to the hospital by the police. Haaziq later claimed that the ruler and his consort were being held there against their will.
Param said this was the first habeas corpus application in the world to seek the release of a ruler of a state.
Brothers in royal squabble
The sultan's poor health has led to a squabble between his sons, Tengku Muhammad Fakhry and Tengku Muhammad Faris Petra, who was named Regent of Kelantan last year when the sultan left for treatment in Singapore.
On Tuesday night, Tengku Muhammad Fakhry was reported to have been questioned by police for several hours, believed to be in connection with the shooting of a Kelantan palace guard.
Police are reported to have taken handguns from Tengku Muhammad Fakhry and his bodyguards for forensic testing.
Tengku Muhammad Fakhry has been in a tussle with the Regent since being dropped from the State Succession Council last year.
Previously, the ailing sultan was reported to have made two abortive attempts to leave the state for treatment.
Accompanied by Tengku Muhammad Fakhry, and his consort the Raja Perempuan Kelantan, Tengku Anis Tengku Abdul Hamid, the Sultan was said to have been due to board a chartered private jet for Singapore for further treatment.
The plane was reported to have been refused permission to land in Kota Baru. Another flight to take him to Kuala Lumpur was also aborted.
10/05/10
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