World's first habeas corpus to free ruler filed

PUTRAJAYA: Lawyers for the Sultan of Kelantan, Tuanku Ismail Petra, have filed a writ of habeas corpus to secure his release from the Universiti Sains Malaysia Hospital (HUSM) in Kubang Kerian where he has been admitted since Tuesday.

The writ was filed at the Special Court registry here at 11.45am today through Messrs J.S. Pillay & Mohd Haaziq.

The affidavit supporting the writ 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-Geneal of Health and the government of Malaysia.

Senior laywer Param Cumaraswamy, who was present together with lawyers Gobind Singh Deo and Mohd Haaziq Pillay, said this was the first habeas corpus application in the world to seek the release of a ruler of a state.

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.

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.