The case involving the ailing Sultan of Kelantan, Sultan Tuanku Ismail Petra, is getting stranger by the day.

The sultan is allegedly being held against his will in the royal ward of the Hospital Universiti Sains Malaysia (HUSM) in Kubang Kerian, Kelantan.

NONE The sultan’s lawyers, who were not allowed to visit the sultan on Wednesday, have filed a habeas corpus writ seeking the "release" of Sultan Ismail Petra.

“We believe the sultan was in the hospital under restraint and this is why we are (filing the writ),” said respected lawyer Raja Aziz Addruze, spokesperson for the Sultan’s lawyers, at a press conference at a private club in Kuala Lumpur.       

A writ of habeas corpus orders the authorities to produce a “detainee” before a judge to determine whether the person is being held lawfully, and if not, be freed from custody.

The habeas corpus application will be made at the Special Court - a court set up in 1993 to hear cases involving the rulers.

Lawyer Mohd Haaziq Pillay confirmed the court has set the hearing for next Monday, May 10. Normally, a Special Court hearing is headed by the chief justice himself leading a five-member bench.

First time in history

This will be the first time in the history of the Special Court to hear a habeas corpus application, which is being brought by Tengku Muhammad Fakhry Petra, the third prince who is caught in a bitter battle with his elder brother for succession.

NONE Indeed, “this is the first time in the history of the world that a ruler of a state had to file a writ of habeas corpus to free himself from the restraints by the police,” chimed senior lawyer Param Cumaraswamy, who is part of the legal team.

The writ was filed at the Special Court registry in Putrajaya at 11.45am today through Messrs JS Pillay & Mohd Haaziq, on instructions of the Sultan himself, allegedly conveyed to the lawyers through members of his family.    

The writ named five respondents - the Kelantan police chief, inspector-general of police, director-general of HUSM, director-general of health and the government of Malaysia.

Cumaraswamy was present at the press conference together with

lawyers Gobind Singh Deo, Mohd Haaziq Pillay and Rashid Ismail. The team includes Malik Imtiaz, who was not present at the event.

The Sultan has been in HUSM since May 4, after he was prevented from going to Singapore for continued treatment when the local airport refused landing of his private aircraft.

He has been reportedly put under beefed-up security under orders of the Regent of Kelantan, Tengku Muhammad Faris Petra, who fears for his father’s safety following the shooting of a palace guard by unidentified men at Kampung Sungai Nyior, Palekbang Tumpat on the night of Apr 30.

Excerpts of Tengku Muhammad Fakhry's affidavit in support of his habeas corpus application

KELANTAN ROYAL FAMILY - WHO'S WHO

Kelantan sultan

Sultan Ismail Petra , who suffered a stroke last May and said to be incapacitated.

Raja Perempuan

Tengku Anis Tengku Abdul Hamid

Elia Suhana Ahmad (second wife). A divorce was filed on March 9 by the sultan through a third party.

Children

No 1 son: Tengku Muhammad Faris Petra (regent; acting sultan)

No 2 son: Tengku Muhammad Faiz Petra

No 3 son: Tengku Muhammad Fakhry Petra (he is challenging elder brother over succession and was expelled by Tengku Faris from the Council of Royal Succession. Muhammad Fakhry was last year embroiled in a controversy over the alleged abuse of his teen wife, Manohara Odelia Pinot)

Daughter: Tengku Amalin A'ishah Putri

VIDEO | 2 mins