Lawyers allowed to discharge from representing former Kelantan Sultan

PUTRAJAYA, Jan 18 – Counsel Raja Aziz Addruse and solicitor Abdul Rashid Ismail have discharged themselves from representing former Sultan of Kelantan Tuanku Ismail Petra in his third petition challenging the constitutionality of his eldest son’s ascension to the throne.

The ground for their discharge was in the light of the Federal Court’s refusal to fix the hearing date of the petition in mid-March this year as sought by them.

The grounds were cited in Abdul Rashid’s affidavit which was filed in support of their notice of motion seeking to cease to act on behalf of Tuanku Ismail Petra.

Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum presiding a three-man panel today granted their application to be discharged.

On the bench with him were Federal Court judges Datuk Hashim Yusoff and Datuk Seri Md Raus Sharif.

Lawyer Sunil Abraham representing Sultan Muhammad V (Tengku Muhammad Faris Petra) did not object to the application.

In his affidavit, Abdul Rashid said Tuanku Ismail Petra had appointed Raja Aziz and his legal firm Messrs Rashid Zulkifli to represent him in the petition.

He said his firm had requested the hearing be fixed in mid-March this year because Raja Aziz, whom Tuanku Sultan Ismail Petra requested to argue his petition on his behalf, would only be completing his medical treatment in a hospital in Singapore in early March.

The Federal Court deputy registrar, however, denied their application and fixed February 10, this year for the hearing of Sultan Muhammad V’s application to strike out the petition.

In the third petition which was filed on September 20, last year, Tuanku Ismail Petra sought the Federal Court’s opinion on legal issues over the alleged amendment to the state constitution and the appointment of the regent as the Sultan.

On September 13, last year, the state Council of Royal Succession had appointed Tengku Muhammad Faris Petra as Sultan of Kelantan, replacing his father, who has been incapacitated since May 2009.

On November 26, last year, two petitions questioning the extent of the Regent’s power and authority during a Sultan’s incapacitation filed by Tuanku Ismail Petra, were dismissed by the Federal Court which had ruled that the former ruler did not have the legal standing to refer questions for determination of the apex court. – Bernama

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