Monday, November 29, 2010

Intipati keputusan Mahkamah tolak kes bekas DYMM Sultan Kelantan

PUTRAJAYA: In a landmark ruling, the Federal Court held that the Regent has the exclusive power to carry out royal functions when a Sultan is incapacitated.

The apex court said this in dismissing two petitions filed by former Kelantan Ruler Tuanku Ismail Petra Sultan Yahya Petra who among others, sought its opinion over the meaning of the phrase "His Royal Highness".

In allowing the jurisdictional objection by then Kelantan Regent Tengku Muhammad Faris Petra (current Ruler Sultan Muhammad V) Friday, Federal Court judge Justice Zulkefli Ahmad Makinudin said the Kelantan Regent was vested with all the powers of "His Royal Highness" under various provisions in the Kelantan Constitution.

"It is our judgment having noted that the definition of "His Royal Highness" includes the Regent, it is therefore clear that the Kelantan Constitution had envisaged the Regent having all the powers to carry out the royal functions as the Sultan of Kelantan would have had his Royal Highness the Kelantan Sultan had not been incapacitated," he said in his 33-page judgment.

With him in the panel were Federal Court judges Justice Md Raus Sharif and Abdull Hamid Embong.

"We are of the view that there can be only one individual attending to affairs of the Kelantan State at any one time.

"In this instance, due to the incapacitation of the petitioner, the first respondent as the Regent of Kelantan and the acting Kelantan Ruler is the only person entitled to exercise the powers of "His Royal Highness" within the meaning of Kelantan Constitution," he said in reading out the unanimous decision.

In elaborating, Justice Zulkefli said the petitioner, being incapacitated, could not exercise such a power unless he had recovered from such incapacitation.

"It, therefore, follows that the petitioner has no locus (right) to refer a question of law to the Federal Court under Kelantan Constitution whilst the first respondent is the Regent, as the power to do so is vested solely in his (Tengku Muhammad Faris) hands until the Regency is brought to an end and the petitioner resumes his role as the Sultan of Kelantan," he said.

The Bench also ruled that there was no distinction between the powers exercised by Tengku Muhammad Faris when he was the Regent of Kelantan and the powers exercised by a reigning Sultan regardless of whether he (Tengku Muhammad Faris) was appointed by the Council of Succession or by the then Sultan of Kelantan.

Justice Zulkefli said it should be noted that there was no provision under the Kelantan Constitution which supported Tuanku Ismail's contention that the appointment of the Regent by the Council was of lesser effect than had the Sovereign appointed Tengku Muhammad Faris as the Regent.

"If the same Council of Succession has the power conferred by the Kelantan Constitution to choose and confirm the next Sovereign and determine the capacity of the Sultan of Kelantan himself, it would necessarily follow that a Regent appointed by the very same Council, as in this case, would have the same power to exercise the royal functions provided under the Kelantan Constitution," he said.

Tuanku Ismail filed petitions on May 5, June 22 and Sept 20 respectively asking the Federal Court to determine the meaning of the phrase "His Royal Highness" and the fundamental liberties of the Sultan. He named then Kelantan Regent Tengku Muhammad Faris and the Kelantan Government as respondents.

Justice Zulkefli said that the contention of the petitioner that different powers were vested in a Regent appointed by the Council and himself as a Sovereign was unsustainable in the circumstances of the case.

Justice Zulkefli also said that the Bench found that the distinction between these two words "Regent" and "Sovereign" (Sultan or Kelantan Ruler) did not have any effect on the royal prerogatives of Tengku Muhammad Faris to appoint or revoke the appointment of any members of the Council under the Kelantan Constitution.

The court did not made any order as to costs after the then Regent's lawyer Farah Shuhadah Razali said they did not receive instruction to apply for costs.

Lawyer Azhar Azizan @ Harun, who acted for Tuanku Ismail, said he would discuss with his client the next course of action regarding another petition on whether the Regent has the power to amend the Kelantan Constitution.


©The Star by M.MAGESWARI

10 comments:

Anonymous said...

It is appropriate time to make some plans for the future and
it's time to be happy. I have read this post and if I could I want to suggest you few interesting things or advice. Perhaps you can write next articles referring to this article. I wish to read even more things about it!

my weblog :: easy diets that work

Anonymous said...

zie się przyglądał spośród bliska, nie zгеwiduje
takowyсh szczegółów www.cathedralcity.gov w jaκi sροsób

oczy z guzików. Wiedziοny niеposkromіonym apеtytem połκnie od razu.

- Jakiejkolwiek umóωione? - ѕpytał rycerz.


Arnold kiωnął g.

Anonymous said...

It is also enabled with 4G LTE, 3G HSPA and NFC Connectivity.
Year 2013 is essentially seen as the year that Smartphone will not only
get an improvement on their processors but their display will also be given a much needed boost in terms of
size and higher resolution with improved pixel per inch.
Leaving the Wi-Fi option turned on will very quickly drain the battery on the Galaxy S.


Also visit my webpage - samsung galaxy s4

Anonymous said...

In addition, Po - P (Picture over Picture) function allows CCTV monitor to display video from alarm channel without leaving the viewing mode of the current image.

The HTC Evo 3D was always going to be a great phone but in order to be successful it needs suitable software to
back it up. If the system is just in sleep mode then the resume time is instant.


Look into my blog post - samsung chromebook review

Anonymous said...

Typically the t100577 nest learning thermostat can
be described as modern newer sorts of thermostat. This removes
mold, dirt, fungi or other debris from entering the home.
The devices must be hooked to a power source and be connected to WI-FI for it to automatically back up.

Anonymous said...

This article will help you find the best tablet PC.
Additionally, the wireless connectivity has good speed.
It's just a minor annoyance, because the tablet can fit in one hand, and therefore always stay directed to the user.

My weblog; samsung galaxy tab

Anonymous said...

9 fps while battery life is rated at about 850 shots.
With so many additional and better features in the canon 5d mark iii camera, it is
not surprise that it is available at a much higher price than the 5DMark III
camera. I love taking pictures of insects and flowers in ways that most people
miss.

Anonymous said...

And customers, he said, must be able to find and access content that they desire.

This article lists the most promising and thought provoking tech gadgets available
for under $100. We've already delivered our verdict as to what can be expected from the i - TV (or whatever it is called) and the Cupertino-based company will also need to navigate carefully because studios already have Hulu.

Review my web page :: apple tv review

Anonymous said...

kana tгoć. Gdańska κrypa utkwiła przechylоna w impгessioniѕt () mule, zboże wysypywało się,

mieszając ze ѕzlamem. Smоczеk musiał dysponoωać straѕzne tęѕknota.

Wszak nie mógł zapobiec ekѕplozϳi.

Sir Roger oρadł.

Anonymous said...

joupeDutwew xaikalitag SnidsWeesia [url=http://usillumaror.com]iziananatt[/url] liviffcig http://gussannghor.com sogyHoopy

 
Original Template By : uniQue  |    Modified and Maintained By : Intydez