World’s first habeas corpus to free ruler filed
(Free Malaysia Today) – 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.
