Wednesday, April 7, 2010

Kelantan Regent withdraws suit against Tengku Abdul Aziz

KUALA LUMPUR - The Sun. April 5, 2010: Kelantan Regent Tengku Muhammad Faris Petra today withdrew his suit for a declaration that the appointment of Kelantan Royal Succession Council (KRSC) chairman Tengku Abdul Aziz Tengku Mohd Hamzah as the Regent on March 25, was null and void.

High Court (Appellate and Special Powers Division) Judge Datuk Aziah Ali granted Tengku Muhammad Faris's application in chambers through his lawyer Zainur Zakaria when the case came up for mention.

On March 30, Tengku Muhammad Faris filed the suit against his younger brother Tengku Muhammad Fakhry, Datuk Wan Hashim Wan Daud, who allegedly claimed to be the Sultan of Kelantan's private secretary, and Tengku Abdul Aziz, who was former chairman of the KRSC.

Counsel Datuk Mohd Haaziq Pillay represented Tengku Muhammad Fakhry, Gobind Singh Deo for Wan Hashim and Nizam Bashir for Tengku Abdul Aziz.

Gobind, when asked on the matter said there was no reason given by the Regent for his withdrawal on the application but with liberty to re-file the suit.

He said the three defendants would reserve their rights to raise the issue of abuse of process, if the plaintiff re-filed the suit.

In his originating summon, Tengku Muhammad Faris had named himself as the first plaintiff, the Government of Kelantan and the State Secretary the second and third plaintiffs.

Tengku Muhammad Faris among others wanted the appointment of Tengku Abdul Aziz as the Regent, as was announced by Wan Hashim on March 25, to be declared null and void.

He also wanted the court to declare that Wan Hashim had no authority whatsoever to act on behalf of the Sultan in regard to affairs of the palace and state.

He was also seeking an injunction to restrain Tengku Abdul Aziz from representing or claiming himself to be the Regent or interfering in his (Tengku Muhammad Faris's) duties or attempting to usurp his powers.

He further wanted an injunction to restrain all three defendants whether by themselves or their agents from acting on behalf of the Sultan or interfere in the Kelantan government's administration of the state.

He was also seeking costs and other relief deemed fit by the court.

In his affidavit, Tengku Muhammad Faris had also said that he was appointed as the rightful Regent by the KRSC on May 24, 2009 because the Sultan of Kelantan was ill and could not discharge his duties as head of state.

He added that the Sultan had not recovered and that the KRSC had not made a declaration that the Sultan was able to return to the throne, and as such, no other parties had the right to make announcements on succession or usurp his (Tengku Muhammad Faris') powers as the Regent. -- Bernama